Tuesday, June 28, 2011

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  • mojo123
    10-26 01:49 PM
    any update ??

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  • ddelgado
    04-25 12:48 PM
    I am from Memphis too

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  • zCool
    07-18 11:25 PM
    This is a simple and straightforward case.
    Rules are: You are allowed to change the company but you should be in "same or similar" position.
    Your new company will have to agree to continue to support the existing green card process i.e. they may have to give employment verification letter if and when asked by USCIS..

    All in all I think you are in the safe..

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  • raj2007
    02-10 02:20 PM
    Hi ,
    Does it impact I140 processing if i am outside US and worked with same employer in India ?
    I have left for india assignment after concurrent filing (I 485 + I 140)
    for 4 weeks and joined back in US for different assignment last year after July filings.
    But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.

    Has any one experienced similar situation ?
    Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
    Can anyone advise ?

    Thanks in advance,


    No it's not a issue.. you are perfectly safe.


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  • bugsbunny
    08-05 02:47 PM
    You can move you H1B visa from Company A to Company B. Talk to your attorney. Because you already have an approved H1 you will not be subject to H1 cap while applying for H1 through Company B.

    I do not think Company A can apply for a H1 extension based on I140 and I485 of comapny B. But ask your attorney as to what your options are

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  • anil.kudumulap@gmail.com
    06-22 08:42 AM
    This make sense.


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  • validIV
    03-17 08:23 PM
    Talk to the school's immigration dept or an immigration lawyer to begin your change of status to F-1. You must do this immediately. Since you are on H-1 technically the moment you lose your employment you will be out of status.


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  • Z.Liu
    02-23 01:46 PM
    Hi, guys,

    I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!

    Is he correct on this?



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  • adsrms
    03-18 11:46 AM
    It is a hard situation for me. I-485 interview for AOS is due in just 3-4 days from now. I am separated from my US citizen wife.Have not filed for divorce. I am employed in the US on a valid L1-B visa.

    Our marriage may or may not work..

    1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.


    2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?

    3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?

    Really appreciate a prompt advice.

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  • poonam.daulat
    05-11 06:48 PM
    Hi, I am on L1B since Dec'10. My visa is expiring in Apr'11. Due to project requirement, my company has plan for my visa extension. Is there any way to get the GC? If part-time study can help to process my GC faster, I am ready for that too.

    Looking forward for your professional guidance.

    Thanks & Regards... Daulat


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  • Motivated
    11-12 03:23 PM

    I was able to file for 485 during the summer of 07, have an EAD but never used. I got married later, and my spouse is currently on H4. I have to maintain the H1 to support the H4. I have a very good opportunity to move up in my job - Is there a way use my EAD and still support legal stay of my spouse?

    Appreciate a response.
    Thank you.

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  • biggy
    07-20 11:21 AM
    My spouse and I have been notified through I-797C notice of action letter of the interview for (form-1-485, application to register for permanent residency). They require us to bring along a checklist of items for the interview including form I-864 that needs to be attached with Tax returns and W2 or certified IRS printouts.

    Both of us have been in US for 15 years holding F1 and later H1B visas. The problem is that one of us (who is the dependent) has worked in several organizations without authorization. We would like to know what cause of action to take to mitigate the problem as well as the worst-case scenario in terms of our ability to obtain residency. Any advice, particularly those who know of someone who has faced a similar situation will be appreciated.


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  • msp1976
    04-05 04:15 PM
    My wife's H1 ends and before it expires she is leaving for home country, there she will apply for h4 to come back on.

    Do we need to file change of status form for her?
    Thank you,

    as long as she is in US she is on H1
    in home country She gets H4 stamp..When she enters US again she gets H4 status..

    No need to file another change of status...

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  • forgerator
    09-04 10:37 PM
    any one?

    again.. not sure whether I need to pay just $150 for visa stamping fee, or $300 (myself and spouse).


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  • chris
    01-18 12:06 AM
    She can stay till Dec 2009.

    Can wife stay in India for more than 6 months while 485 is pending?

    What she have now is an approved AP till 2009 december.


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  • trexx7
    10-02 04:17 PM
    Just bumping..


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  • zico123
    06-27 07:40 PM
    is it possible to apply in Delhi even if u r from Mumbai... Has any1 done tht before?
    You can easily go to any consulate in India without any problems. but for reassurance you can email and ask the Delhi consulate with details.

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  • akilhere
    01-04 07:32 AM
    What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?

    I'm in the same boat as you are and thinking of pursuing EB2 with the same employer as there is a position in the company that requires 9 years of experience and a master's degree. I've got over 13 years of experience and hoping to opt for the EB2 process soon.

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  • surabhi
    09-05 10:54 AM
    Did you try to expedite?

    I think you qualify for expedite criteria since not getting EAD will force you to stop working and cause severe financial hardship.

    03-13 06:53 PM
    I refer you again to our posting guidelines. Individual cases and advice are better discussed on other portals such as Immigration Portal.

    Good luck with your problem,


    03-31 10:49 PM
    If the new PWD guidelines were effective 01/01/10, then it shouldn't effect your PWD since it was filed on 12/30/09. You should try and find some document or FAQs to prove the same and send them to your lawyer. My guess is he might have messed up something in your process and is trying to cover it up with this story. Its better to have him re-start the process in that case because if he infact messed up something and he files your PERM, it could be potentially denied which will directly impact you...Try to find out if what he is saying is infact true (which I doubt), or if he is just mistaken..

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