a1b2c3
08-04 06:10 PM
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
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eb3retro
04-28 09:42 AM
Texas also planning to join the bandwagon..
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
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shivaniraina
07-21 02:20 PM
You are exempt from the cap:) . Your immigration lawyer can confirm this.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.
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pd_recapturing
08-14 06:18 PM
Bumping up !
nit_sea
01-04 11:53 AM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
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parablergh
08-31 07:55 PM
Cant i use the I 94 attached to my 797 document.Will it not solve my problem.
Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.
Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.
Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.
Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.
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wa_Saiprasad
07-11 03:44 PM
This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
IV Core Team, please draft a template so that everyone could use.
Thanks Mihird for finding this link. Great Job!!!
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prince_waiting
08-10 11:13 AM
Emailed my attorney immediately and he said that as long as the checks do not bounce the application is going to be OK.
It does not matter to the USCIS if the checks do not have the same address as on the I485.
It does not matter to the USCIS if the checks do not have the same address as on the I485.
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natrajs
09-10 05:42 PM
I have 6 IV T- Shirts and I am wearing them already.
When ever I go to distribute the flyers I wear them, it will make others look at you.
Folks Don't wait till last minute, buy them now
When ever I go to distribute the flyers I wear them, it will make others look at you.
Folks Don't wait till last minute, buy them now
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raama123
02-24 10:29 AM
we are posting here to know the solution or how we can come out from the problem or possibility.
can you think about yourself when you are saying to others?
Thanks advancely.
Raama
can you think about yourself when you are saying to others?
Thanks advancely.
Raama
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paskal
02-22 06:57 PM
.. yet there is still lot of frustration that India is not getting enough Visa .. :rolleyes:
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.
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raysaikat
03-17 03:53 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
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icecreamy
08-30 01:12 PM
We got FP notice today (Aug 30) , the appointment date is Sep 14th.
485 RD - July 2, 2007 (TSC)
485 ND - Aug 17, 2007
EAD approved - Aug 23, 2007
140 LUD - Aug 17, 2007
485 LUD - Aug 19, 2007
485 RD - July 2, 2007 (TSC)
485 ND - Aug 17, 2007
EAD approved - Aug 23, 2007
140 LUD - Aug 17, 2007
485 LUD - Aug 19, 2007
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NJpatel
08-04 04:11 PM
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
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lvinaykumar
01-31 10:17 AM
I usually get 40$ or max 50$ bill per month. But from last few months i am getting bill around 180$ per month. I live in a similar size apartment as you.. :mad:
I was totally shocked when i get the bill for the first time but i think i am getting used to it :(:confused:
I was totally shocked when i get the bill for the first time but i think i am getting used to it :(:confused:
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gjoe
05-01 10:44 AM
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
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ajay
04-21 10:58 AM
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
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wandmaker
08-10 11:38 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
rkotamurthy
09-29 02:24 PM
Bump ^^^
crazylad
05-10 08:17 AM
My H1 sponsor informed me that the check he submitted along with my application on was encashed on Wednesday 5/7 - Non-masters non-premium processing:)
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