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braindrain

04-17 11:57 AM

You can apply starting 1 year prior to your expiry and all the details are available in the Indian Embassy websites.

simple google search would give you all the required details. You can start with the below URL..


www.indianembassy.org/

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shahuja

02-04 05:50 AM

Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

Thx

Hello raju6855,

I went for my H1B renewal at New Delhi on jan 14th and i am still waiting. Today is the 22nd calendar day. Has your wife got the pp back ? she appeared at ND as well ? Has she got any information from consulate or VFS ? what should we be doing in such a situation ?

Appreciate your reply.

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bajrangbali

03-31 11:27 AM

Congratulations..your long wait is over..:)

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copsmart

06-12 12:43 PM

Its a long wait for everybody, and I understand that everyone wants to get their application approved when the dates are current, or at least before the dates retrogress. However, putting too much pressure on USCIS is not going to get us anywhere, except it will make things worst. In my humble opinion, we should let USCIS do their work, so that they don't waste any visa numbers.

Just my two cents, but its your personal choice. No hard feelings!

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needhelp!

10-09 01:41 PM

From our meet & greet last saturday:

GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
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What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen

�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?

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rolrblade

07-26 06:49 AM

Hi

I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

Or better to apply EAD for me (not to my wife) after the I-140 approval?

Please help me..

Thanks in advance.

--Raj

What you have asked is a question that has been answered quite a few times on this board. Could you please try to read through those and if you have a follow up question then please post or PM me.

Also, I thik you want to ask if I-140 gets "revoked" Is that the case ? If not and you are really taling about I-140 REJECTION then cheg's statement above holds true.

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puskeygadha

07-08 02:47 PM

is this becuase of arranged marriage? immigrants like us have to
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..

i believe arranged marriage can be hard but we can grow together
given time and patience

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vinnysuru

08-31 10:11 AM

Hi Guys, After I read the murthy bulletin article on EAD's I was glad to see a possibility for applying for interim EAD after 75 days. But since then I have done a lot more research and couldn't find anything related to this anywhere. I live in Wisconsin and the only way we can get help from Milwaukee field office is by going through infopass online to set up an appointment. And it still mentions that if it has been past 90 days then you can request an interim EAD. I would really like to see some more info on the 75 day recommendation. Also, does anybody know what all you need to take with you to get interim EAD.

Do you need original receipt notices or will copies do? I am sure you need a photo id!! What else? Thanks

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rajuram

08-21 12:19 AM

#4 in my post, was just to lighten the mood. Other things are definately worth considering.

Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.

But somethings that may be worth trying in the interim are -

1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.

2. Longer duration AP.

3. Fee reduction for 2nd & subsequent renewal of EADs and APs.

4. An apology from USCIS for the delay!!

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smisachu

05-13 03:13 PM

From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me.
Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.

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unitednations

02-27 12:27 PM

Hi all

I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!


This is why consulates and uscis are so tough.

You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

Sorry, not much good news for you.

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vaishnavilakshmi

09-28 07:37 PM

Hi,

Call in the following sequence for typo rectification on any of ur notices.

1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)

Hope this helps u,
Vaishu

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GCard_Dream

09-15 01:41 PM

You bring up a good point about the conference committee. When is the conference committee needed? Is it when bills are significantly different or even for slight differences. I thought conference is only needed if the bills are significantly different and needs to be negotiated between 2 houses. If only few provisions ( like ours) are different then can it be voted on by the house as it is without any conference and get a up or down vote? Now this all assumes that republicans are actually serious about some kind of relief to legal folks which I am seriously starting to doubt.

if they take the bill, they might listen to us and include our provisions in this bill because our provisions are part of the CIR bill which they passed it.

but they will make changes to 'secure act' and pass it in such a way it goes to conference committee (big chance of this going because senate wants 370 miles fence, house wants 700miles) and they wont have time for that committee now, so they will work on it next yr after elections. again after elections, it is diff game as you said. anyhow we caught in the middle of their game.

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shirish

02-23 02:21 PM

This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

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willgetgc2005

07-31 05:39 PM

gg_ny/others,


1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


2) gg-ny, can you eloborate on this please?

(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


Thanks for your responses.



Sendil

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Calouste

07-28 08:20 PM

quite interesting find...do you have a reference?

H-1B numbers:

Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

India accounted for the following percentages of new H-1B visa issued:

FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %

Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.

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jthomas

06-11 01:49 PM

I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues

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prioritydate

07-28 12:43 PM

My prediction for this year..

EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U

It doesn't make sense to push back again to Jan 2003 for EB2. It's been there for over an year and all of them who had that priority date would have applied and gotten their GC.

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meridiani.planum

02-20 01:00 PM

Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:

1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

If somebody clarify me that is great .

Thanks

labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....

So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.

RIP LC-substitution.

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minimalist

11-16 10:39 PM

Nope. That is not true. Either the company/lawyer is screwing your friend!

You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

Hope this helps.

You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.

Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.

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LostInGCProcess

01-08 12:54 PM

LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

Any comments......

No. One can continue to work on H1 if its the same company.

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