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  • martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





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  • eb3_nepa
    02-21 04:23 PM
    Is there a list like that readily available on IV? Or can someone complile one for me?

    Thanks





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  • GCBy3000
    09-15 05:03 PM
    My argument is it better to take a side on immigration issue or not. Maintaining status quo is better than including some releif for legal immigrants. I bet people in US like legal immigrants to legal immigrants, but how many people is ?. Will this favor any politicians to garner some votes or will it back fire? No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.

    If they pass something for legal immigrants for sure they are going to lose some votes who are favoring illegal immigrants which is bigger number than people favoring legals. So I dont think they will take a risk at this time to favor legal immigrants in any bills if at all there is one before the election.

    I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs. ............
    .





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  • Munna Bhai
    01-09 01:14 PM
    Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

    Looks like they may work on May 2007 cases sometime this month occording to NSC progress.

    please share your inputs



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  • md2003
    04-05 08:36 AM
    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2


    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.

    But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.

    Few Attornies saying yes few saying no.





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  • Munna Bhai
    01-09 12:54 PM
    which service center? You can ask your employer to ask USCIS as 140 is employer's application.


    Can anyone tell me, is this common wait time and what more i can do.



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  • bhasky25
    10-11 01:06 PM
    Thank you for responding,

    I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.

    I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.





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  • ak27
    06-17 02:59 PM
    I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

    It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...



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  • camphor
    09-11 08:54 PM
    Thanks guys for your responses.

    My AOS application was filed on July 1st by my lawyer. On the receipts,
    the received date for 485, EAD & AP is July 2nd whereas the Notice Date is Aug 31. 485 application was transferred to Lincoln, NE (NSC) and EAD & AP are processed by CSC (California). Hope this helps.





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  • ndialani
    11-23 08:38 PM
    Do you mean we can send checks for $ accounts to be deposited into local rupees accounts in india? Does this work. Do you know how long it takes for them to get the money after each cheque deposit?

    Hebbar77,
    Yes its ok to do it. I have been doing it for last 11 years. It usually takes 7-10 days to get it cleared in the bank.MY parents have account in Axis bank , ICICI and dena bank. Depends from bank to bank.
    Advantage: no extra cost involved
    Limitation: 1-2 weeks time

    Wire transfer:
    Advantage: money is there in 2 days , good for emergencies
    Limitation: unnecessary extra cost involved.



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  • dyamannavar
    07-18 10:18 AM
    If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?

    Thanks,
    Rajeev

    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)


    I already did it for wife, son and myself.

    Saved about 1500$





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  • gc_maine2
    05-29 03:55 PM
    Your attorney is DAY DREAMING.. Don't beleive him/her,

    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?



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  • neema
    11-29 02:22 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    Any help is greatly appreciated, I need to decide fast. Thanks a lot.





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  • calaway42
    10-20 02:18 AM
    gosh!! you experts!! what do i need to learn to be able to graphic design like you guys!?!? help!~:P



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  • atlgc
    11-08 10:56 AM
    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks





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  • sammyb
    04-20 06:53 AM
    any luck with PIMS pre-verification ... please share ...

    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D



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  • apb
    08-17 10:03 PM
    See all of you in rally !.

    And you will there with your friend...//wink.. correct.





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  • Siboo
    07-27 04:12 PM
    Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help


    I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:

    Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???





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  • grcard
    06-14 10:46 PM
    i took infopass and went to local immigration officer and he said i should go to
    him after july 1st and he said he can find out where my file is??
    i dont know is this possible but i am going to try.





    indianabacklog
    10-12 07:27 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!


    Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.

    The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.

    It really is no big deal.





    mrdelhiite
    07-13 08:29 AM
    and marry a celebraty

    or work hard and support IV :)
    -M
    PS: good things come to those who wait



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