Thursday, June 30, 2011

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  • shishya
    11-30 05:52 PM
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!

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  • desi485
    11-13 01:57 PM
    As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.

    EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.

    However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. ( I humbly request you to do so for sake of our community. Thanks!

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  • sertha1
    06-22 12:40 PM
    I am in a strange situation. My wife got her H1B approved with petition starting date 10/1/2006 but never worked. She got her SSN on 02/24/2007. I spoke to the attorney and he gave me 3 options:
    1) Change her status to H4 and apply I-485 when she gets the approval notice. But I dont know whether the priority dates would be current then?
    2) Send her back to the home country and get the H4 stamped and come back on legal status. I am afraid what if she is denied H4.
    3) Apply I-485 and only at the time of adjustment of status, the officer can only decide her case to approve or deny. Till then we cannot know.

    What was her status between 10/1/2006 and 2/24/2007 when she didnt had the SSN? Is she considered H1B or H4?

    Is anybody in a similar situation and what are the options?


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  • crazyghoda
    06-24 04:33 PM
    Shaheed crazyghoda. Not sure I like the sound of that.

    This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D


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  • Cheran
    07-01 03:55 PM
    Thanks Reddy.

    My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
    Reddy, says yes. Anyone else?

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  • maddipati1
    08-06 09:31 PM
    reason is people started creating threads like this


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  • beautifulMind
    07-26 09:56 AM
    labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion

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  • ssdtm
    02-28 11:37 PM
    You DO NEED an LCA with a new job location.
    It is a fast online process. I seriously recommend that you do it.


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  • ssdd123
    08-28 07:16 PM
    Most of us know its surely a tiring and long process to get visa dates in Hindi for Delhi embassy. I tried for about a month before I got it. Here is what I observed and find very important for anyone taking Hindi visa dates in Delhi:

    (a) Delhi embassy mostly adds new Hindi dates every two weeks. Specially when the english dates are about to expire, because Hindi dates are expired/not available most of the time :)

    (b) These dates are added on either Thursday or Friday.

    (c) Most chances are on Thursday/Friday morning or noon. That is from 10am IST to around 2-3pm IST.

    (d) During this time, keep checking every 5 minutes. This is because once they release dates, I do not know, but the dates are gone in 10 minutes flat !!!

    (e) Keep your information already filled and saved in vfs database, otherwise no chance that one can complete all DS 156/157 forms in those crucial 10/15 minutes.

    (f) Good luck!

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  • psychman
    02-17 04:16 PM
    Thanks for the help Kirupa. It works great now!


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  • ss1026
    05-06 10:11 AM
    This is a small immigration firm with one attorney but he is very knowledge and detailed . He goes by the book and provides copies of every document that he submits which I personally find very useful. A lot of my friends never get a copy of their applications so I wanted to point this out.

    He does not appreciate too many phone calls and is not very patient but I feel he knows what he is doing. His support staff is very helpful.

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  • poise2000
    07-30 01:42 PM
    thanks, tabeltpc.

    I think even the local govenment is under the H1b quota. Therefore, I had to apply for the H1B in the next year.
    The DOL online prevailing wage only shows that the salary for that position is for the county. The offer of the town govenment is $5000 lower than the prevailing wage of the county. And they can not increase the salary because the town is not near the rich area in the county. They told me the salary they offer is the highest for this position.


    Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b u can apply NOW.
    if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
    Good luck


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  • prom2
    10-02 08:59 PM
    If you have a copy of filled-up I-131, look at question 5 in part 3 in the 2nd page. That will tell you where the AP document will be sent.


    Please close this thread also.

    That question 5 should not responded if you are applying for AP.
    Read the note below question 3.

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  • Steve Mitchell
    January 31st, 2004, 08:08 AM
    This should be a watershed year for all manufacturers. A great year for the consumer.


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  • mirchiseth
    06-03 05:17 PM
    Hello All

    Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?

    Please share your experience. Is there any thing to worry in this case?

    - ms

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  • snathan
    02-21 07:32 PM
    You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.

    The PERM is already denied and you can not get the extension based on the denied PERM.


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  • Cmartin
    03-06 08:05 PM

    I'm in a strange situation. I just got my green card (I have an L2) yesterday so it is great news. But somehow, today I was checking my EAD since it becomes obsolete and I just realised that I completely forgot to renew it before it expired 2 months ago, early January. So it means that I worked the past 2 months with my expired EAD but got my green card nevertheless.
    Do you have any advice as what I should do? Should I check with my HR about the EAD...
    Thanks a lot for any help

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  • priyasagiraju
    04-07 03:20 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance

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  • kondur_007
    02-19 05:48 PM
    I am not familiar with the for I 130. But I can answer about 485:

    Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.

    Did you find it??

    10-05 03:19 PM

    Dear All,
    I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!

    Now how should i proceed?? My wife is on H1-B currently. Any ideas??

    My priority date is 25 jan 05 - eb2.

    Probably the current post is by his wife.probably she divorced him for being careless in sending her papers:D

    04-09 03:47 PM
    I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.

    Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?


    140 can be denied for various reasons. These days, 140 is getting denied for Ability to pay or educational qualifications and job description mismatch and so many other things.

    Unless you get the letter in hand, you may not be able to know the reason for denial. 140 denial goes to employer and Attorney. So contact them and they will know.

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