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  • pa_arora
    06-13 03:31 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
    The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.





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  • sankar_203
    09-25 02:40 PM
    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.

    In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..





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  • test101
    07-17 07:42 PM
    yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?





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  • horscorp
    02-06 01:21 PM
    Hi Ann,

    Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.

    Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?

    thanks again!

    horscorp


    Hi Horscorp,

    It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.

    Ann



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  • qplearn
    12-19 10:44 AM
    I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.

    Sen.'s office in DC
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Tel: 202-224-2934
    Fax: 202-228-2856
    Good to know that. Actually, I have never called his office! I am doing that right away...





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  • GreenCard_Soon
    01-02 12:48 PM
    Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).

    Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?

    Thanks !



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  • bnaredla1382
    06-17 11:01 AM
    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.





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  • gc_chahiye
    01-08 01:23 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?

    Does the cover-letter you included while filing your 485 include your job duties?
    thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.



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  • Libra
    08-10 07:26 AM
    well said 53885. When ever i ask people to contribute they are saying am being ridiculous, god help them.





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  • agv
    03-19 11:45 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.



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  • lc03
    06-08 11:48 AM
    hi,

    Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.





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  • chapper
    08-02 01:29 PM
    I sent money order for some applications and personal checks for some.

    Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank



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  • jatinr
    09-23 04:15 PM
    i too remember reading postmark doesnt matter it should be received by 17th

    I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
    .





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  • Jeff Wheeler
    08-20 01:49 PM
    So, do y’all pronounce it like oh really or O'Reilly?



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  • piyu7444
    04-11 12:47 AM
    If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?





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  • psychman
    11-12 01:33 AM
    Scratch that last post. I found what I needed. I removed the line of code:

    doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);

    and replaced it with:

    foreach (XmlNode node in doc.DocumentElement.ChildNodes)
    {
    node.AppendChild(docFrag.Clone());
    }



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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





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  • smgms
    07-01 10:21 AM
    First of all thank you for your reply. Here is what happened with my case.

    1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
    2. This week I received an RFE email for my case, still waiting for the actual Mail.
    3. Next day received the email "Document Sent to Applicant" for my wife's case.

    I used AC21 to change the employers. Can you guys let me know.

    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
    2. What do they mean by "document sent to applicant", which document are they talking about?

    Thanks in advance for your help!!





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  • funny
    10-01 05:01 PM
    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.

    But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...





    desi3933
    02-14 08:31 AM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    >> even 50 years
    Incorrect.

    Refer to my previous post on this.



    .





    ImmigrationAnswerMan
    06-29 06:02 PM
    Your B-1 visa does not allow you to stay in the US during the gap.

    You could probably leave and use the B to return during the gap, but you would not be able to work on the B and you would have to file a new change of status once you got here, with premium processing to get it approved before October 1st, so it may not be worth the cost to do so, since the gap is only about 4-6 weeks. And there is no guarantee that you would be allowed back in on the B for that purpose.