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    • Nil
    07-09 07:46 AM
    One cannot work on H4.
    i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.




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    • andycool
    07-02 10:36 AM
    Hi All,

    I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.



    You can get OPT after completion of your masters program you don't need visa for OPT .

    Thanks




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    • MiniCooperS123
    July 23rd, 2004, 10:16 AM
    Thank you very much for the info. I've always loved photography just never found the time to learn all these things. Seems like I am making up for lost time now. I might keep the 28-80 since it came with my Rebel 2000 and I got it for my bar mitzvah. I wish I didn't though, since I would probably sell everything. I might just sell the 100-300 and get the D70. I guess I could get the 300d, but it looks like my rebel and doesn't look as nice as the D70. Who knows, I am going to a couple of camera shops to fool around with them to make my mind up. Thanks for the information.
    Applying for I-485 - Confused, please help!! [Archive] - Immigration Voice
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    • desitechie
    11-22 02:07 PM
    My Question:-

    My answers.
    Disclaimer:This is to just give an indication and you should consult an attorney for exact response.


    1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?

    Yes

    2) What if, The new company don't file AC 21?

    AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE

    3) What if the previous employer cancel my I 140.

    Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor

    Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]

    Should be good as long as the new company is good and willing to continue the GC process.


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    • arnet
    09-18 10:02 PM
    Disclaimer: I'm not an immigration attroney, so consult one for your situations as laws and filing procedures are changing constantly.

    most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).

    send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)

    My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
    Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.




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    • ramaonline
    12-27 05:13 PM
    TR - RIR has been documented in the DOL FAQ

    http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf

    Public Disclosure System
    http://pds.pbls.doleta.gov

    If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.


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    • srn04
    01-19 09:19 AM
    1.) Is it true that nurses do not need to undergo Labor Certification when applying for an immigrant visa because nurses are considered as shortage occupations? How does the labor certification process for nurses vs other professionals/workers differ? Is it the pre-certification and recruiting process (that does have to be completed) under PERM?

    2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?




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    • gc_in_30_yrs
    07-27 04:20 PM
    Hi, I know this question is being asked by many people. I am sorry, but still confused. My situation is:

    EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
    EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.

    Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?

    Gurus, Please advise.

    Thanks.


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    • radhay
    01-09 01:33 PM
    I dont think there are hard and fast rules for interview. Some cases were transfered to NBC(National Benefit Center) to share the workload and some they had questions about the case. In my case , the interviewer told me that possible reason is there is a note in my case that said "Not working for the sponsor" which is a geniune question since I wasn't working for employer when 485 is filed. They could have issued RFE instead.

    I think this delayed my case otherwise I would also be one of the lucky guys who got their 485s approved this last summer. In general it should be a good thing for you to know that your case is being worked on. Since now that there are no visas available , any temporaray delay shouldnot matter.




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    • amyleu
    06-18 12:50 PM
    I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

    1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

    2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

    3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

    4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

    Anybody, please advise. Thank you very much.


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    • roseball
    07-26 09:21 PM
    Hello
    I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)

    Since your spouse is in US on H1, do you know if she/he filed for his I-140/I-485. If so, there are chances that your F-1 visa can be rejected on the grounds of "potential immigrant" even though your I-485 is not filed. F-1 can be rejected because your spouse has shown immigrant intent which means you could be a potential immigrant as well.

    Otherwise, if you have all the documents (educational background from accredited university, bank statements, valid I-20), you should get your F-1 visa without any issues. If for some reason its denied, then you can use your current valid H4 visa to re-enter US on H4. In that case, you will again roll back to H4 status upon re-entry.




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    • WeShallOvercome
    08-22 12:28 PM
    Hi,

    I did not sign in the 325 form...where it says that sign here

    "if your native alphabet is other than Roman letters, write your name in native alphabet below".

    Would this be a concern?

    Thanks

    Your question is not clear.

    did you forget to sign the G-325A form where it says "Sign here"
    OR
    did you forget to write your name in native alphabet?

    In first case, it will be considered improperly filed and chances are it will be rejected.
    In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.

    I hope it is the second case .


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    • danmansukh
    02-06 11:05 AM
    Question1) Is there anything like a H1Btransfer or is it a brand new application??

    Yes, company B will need to file an H1 transfer

    Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?

    H1 B transfers are not counted against teh 65, 000 quota.

    Question3) When can I start working for Company B?

    Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?

    You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.




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    • Michigan123
    06-16 09:12 PM
    LCA for H1 not for GC processing. My GC LCA is difefrent than H1B LCA .
    I am not sure if any New LCA is required for 485 ...At least my company has not initiated any new LCA..

    But they do file for H1B(LCA) if there is any change in work location.


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    • kondur_007
    07-12 03:51 PM
    Great news for EB2 India.

    As expected, this will clear out early 2006 cases.

    Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.

    Good Luck to every one....:)




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    • rampaadh@hotmail.com
    04-25 07:27 PM
    My wife's green card was approved on Feb 27th. My wife is currently in India with valid Advance Parole. I received her green card during March 15th. I am planning to visit India during June and bringing my wife along with me. It will be almost 5 months when I come back on July 1st week.

    Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?


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    • onemorecame
    03-18 10:36 AM
    Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?




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    • gapala
    07-16 01:11 PM
    You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.

    Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.




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    • sku
    12-25 03:19 PM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?




    piyu7444
    05-05 11:27 PM
    Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......

    AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)

    Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.




    pappu
    04-19 02:19 PM
    uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
    Sorry to hear that you waited for 2 years due to name check.
    This is a very big hell hole for people when they apply for 485.
    90% people who apply for 485 are lucky to not face this.
    There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.


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