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STAmisha

11-14 02:36 PM

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san3297

06-29 05:34 PM

Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

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leo2606

12-13 08:02 PM

We are all waiting for next breaking news from you ramnadhan.

Visit another immigration site tomorrow and come back with another breaking news.


January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

I hope this info useful for our fellow members.

Thanks,
Ram

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nareshdin

04-08 02:52 PM

Hi,

Have you hear anything from USCIS after you sent your FedEx reciepts?

I am also in the similar kind of situation.

I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
later my employer sent the required documents asked by USCIS.
On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
and yet to know the reason for Denial.
My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.

Thanks..

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shahsahil

04-17 02:45 PM

So, 10 month is indeed long time.
I will try to follow up with DOL.

Will try to find contact information online, if somone has some webpage link handy, pls pass it on.

-Sahil.

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kshitijnt

07-03 03:27 AM

Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.

Since you have already joined company B, you should reenter, showing company Bs receipt notice, offer later, paystubs and company As approval notice along with I94 and passport.

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gcnirvana

10-25 05:31 PM

Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
Go figure...:confused:

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njboy

10-02 03:11 PM

if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..

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jsb

03-25 03:47 PM

Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.

I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.

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glus

02-19 01:54 PM

Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???

Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.

I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3

hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.

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anandrajesh

05-22 09:38 AM

Official Press release..

http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf

U guys rock... U are doing a great job and keep the momentum going.

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aj130346

03-15 08:29 PM

My comany is filing a second LC under PERM for a substantially different job position and job location.

My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India

The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??

Thanks for your responses

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fittan

03-18 12:24 PM

GCBalak,

1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?

2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.

Fittan

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chunky

07-26 03:21 PM

We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".

I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions


Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

All the same, I would still get a H-4 as this will be advantageous as,

1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

2. AP takes a long time to come and she has to make an urgent trip back home?

3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."

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amitkhare77

08-10 01:01 PM

I dont think so there is any wait period. I asked them after a year and they said OK we can do this. As per the admin - If I would have told them earlier they could have started much earlier. I did not ask them due to bad economy in late 2008-2009
Thank you my_gc_wait and amitkhare77 for your suggestions.

One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.

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kingkon_2000

03-26 11:16 AM

I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.

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psvk

08-06 12:08 PM

Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

Congrats

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rjgleason

June 4th, 2004, 08:43 PM

Who remembers "The Prisoner"?

"Knowledge is not Wisdom!"

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cgs

03-15 08:10 AM

Can you explain?

And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)

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pamposh

10-26 08:34 AM

Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.

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immi2006

05-24 10:17 AM

Does not matter how many points, can u be one of the 6300 ?

The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.

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