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  • gcseeker2002
    11-03 10:14 PM
    I am a july 2nd filer and my AP shows "Document mailed to applicant on Oct30", but EAD still shows "Pending" , anybody else in this situation ?
    I took infopass last tuesday so maybe they approved AP but EAD still pending, isnt this strange ?

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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

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  • mirage
    01-28 08:58 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

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  • cr52401
    04-25 02:18 PM
    Thank you for you all help but I am commited to a project by the end of July. This is the every day work and can not leave at least for 6 weeks.

    DO yuo have any other solution. Do you think it might be a way to go around it?

    Thank you.


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  • kcindian
    05-29 12:12 PM
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  • GCBy3000
    07-21 03:56 PM

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.

    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help


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  • chantu
    06-30 10:19 AM
    Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.

    I am sorry about that.

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  • kiran_k02
    05-12 09:24 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"


    I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.

    My advice to you, don't worry about it. You do not need transit visa.



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  • sparky_jones
    02-18 04:15 PM
    I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
    Is this going to affect my GC in anyway? I need some guidance here.

    Did the interview request from USCIS specifically mention the DUI?

    Here's some information that might help you understand your situation better:

    I think it's not the prior DUI conviction, but the failure to disclose the prior DUI conviction that poses a potential problem. However, this is not something that cannot be taken care of with the help of an experienced attorney. There are numerous folks who have found themselves in a similar situation and have gone on to successfully get their GC. I agree with the advice provided by the gentleman above.

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  • insbaby
    08-10 08:06 AM
    It needs action - not talk.
    Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3.

    Is it the employer's responsibility to consider in which Green Card Category the employee will fall in future before puts ad.?

    Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.


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  • sreekanth
    10-02 07:01 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    I had a chance to read your article about the issues
    faced due to the H1B caps and the Greencard
    Retrogression.("Time Is Running Out For H-1B Visa Cap
    To Be Raised--Or Is It?"-Information

    Thanks much for your insight about the SKILL bill.

    It would be of great help if you could write more
    Articles about the retrogression issues. Thousands of
    unfortunate skilled workers like me have been caught
    in the 'Retrogression' black hole and there is no
    relief is visible in any near future.I have been
    waiting for more than 5 years for my green card in
    vain. We are in a state of limbo and are almost
    similar to bonded laborers since our professional
    mobility is very much limited.

    People talk so much about the CIR and Illegal aliens
    but very few people even know about the plight of the
    LEGAL SKILLED workers.The retrogression has not only
    affected my immediate future but it has also
    negatively impacted the future of family/kids as well.

    Our final hope is residing on the SKILL Bill and we
    pray that it will be some how be passed in the
    lame-duck session as you mentioned in your article.
    Hundreds of Skilled workers like me have given up hope
    already and are returning to their countries or are
    looking for opportunities in other countries like
    Canada etc. This also is having a significant negative
    impact on US economy.

    Just to give an example: Atleast 100,000 Skilled
    workers are holding off the decision to buy a house
    since they are not sure about their future here in US.
    This amounts approximately to $30,000,000,000 (100000
    X $300,000) inflow of money that could give a big
    boost to the declining US Housing market.

    It is sad to see that so many experienced LEGAL people
    leaving this country due to immigration caps.

    I kindly request you to publish a cover story on this
    serious issue before the lame-duck session. I am sure
    your words will have a big impact on the CEO's and
    CIO's who in turn can lobby among the senators for our

    Thanks again for your help so far.

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  • srinu
    11-07 10:12 AM
    That's true.

    Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.

    Looks like most people want others to help them but don't want to help others.


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  • BECsufferer
    10-09 03:04 PM

    Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:

    P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:

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  • abc1125
    06-13 03:31 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.


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  • smsthss
    11-15 01:13 PM
    I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.

    So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?

    What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.

    If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.

    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)

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  • meridiani.planum
    06-29 03:27 PM

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.


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  • AZ_GC
    08-28 04:45 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.

    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21

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  • jsrajavel
    09-20 07:45 PM
    EAD expiring tomorrow 9/21/2010.Can I continue to work? My renewal is still pending. I submitted EAD renewal application on 7/22/2010. If my employer is OK with EAD renewal application, can I continue work?

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  • solaris27
    08-02 02:07 PM
    write letters to congressman and fill form for ombudsman.

    You should get ur GC.

    06-07 03:56 PM
    AP has a news which says this bill has been voted out at senate.

    so guys relax now!!!!! enjoi!!!

    I think you are referring to test cloture vote which happened 2 hours ago

    10-16 09:06 PM
    Link at

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