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  • ita
    01-16 01:38 PM
    I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.

    If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.

    All these days I thought it would be treated as transfer (though there is a gap between the H1).

    Thank you.



    There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
    This way you will not be part of the New quota. Hope this helps





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  • lostinbeta
    10-20 04:02 PM
    Ah, so painter is really the best if you have a tablet, but if you don't have one, then you shouldn't bother????





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  • tnite
    03-17 01:05 PM
    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!

    When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.

    Call USCIS custonmer service and see what they tell you.





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  • eb3retro
    08-31 01:14 PM
    Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.


    try voting no, and it will increase by 500 votes.:D:D:D



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  • walking_dude
    10-25 03:47 PM
    Indiana, wake up and smell coffee. Your neighbors in MI wish you good luck.





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  • VisaVisa
    09-08 11:08 PM
    Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

    I-140 is approved.

    I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

    Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
    Or is it better to wait for Advance pArole decision?
    If Visa, under what category?

    Thanks



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  • loudoggs
    07-30 01:14 PM
    Congrats!!!

    I guess timing really matters......and you were at the right place at the right time....

    I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,





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  • chanduv23
    07-05 12:43 PM
    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?

    Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.



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  • singhsa3
    08-29 01:01 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.





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  • rajenk
    10-11 01:11 PM
    Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.

    Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.

    Renewing your H1B based on the revoked I-140 would be risky.



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  • chanduv23
    08-05 10:56 PM
    ^^^^^^^^^^^^^^^





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  • wandmaker
    04-04 11:47 AM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.

    Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.



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  • ca_immigrant
    06-23 08:08 PM
    Guys,

    Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".

    We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.

    IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.

    Core, please help -:)

    One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?





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  • centaur
    03-27 05:50 PM
    Yes. Thats true. My cousin is in the law school here and he says that the laziest or weakest in the class go for immigration law (usually, there are exceptions) as it's "easy" most of the time you are just filing forms and immigrant like us pay on time, are polite and dont cause them "stress".

    A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.


    Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
    Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.

    Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.

    No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...



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  • ghost
    12-10 02:31 PM
    Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!

    Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.

    Keep dreaming. DREAM act ain't going anywhere.

    Oye chuck they fatte.

    If DREAM act does not pass then we will not go anywhere for the next 2 years....and how do you intend to prove that you were brought into this country illegally before you turned 16? I guess you'll have to forge your high-school degree? voila...go for it!





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  • lvaka
    05-19 01:19 PM
    Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
    1. Q 14 - Manner of Last Entry into the U.S.:
    (Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.

    2. What do I mention for this : For (c)(9) eligibility status only
    Please select the location where your
    I-485 is pending:

    Please provide information concerning your eligibility status:

    Thanks,

    Hi,

    1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"

    2. We have to provide the following in this field
    485 receipt number - xxxxxxx
    140 receipt number - xxxxxxx (This is optional)

    I would put the first line with the 485 receipt number



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  • bigboy007
    06-21 10:49 AM
    but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.

    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.





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  • Sheila Danzig
    11-28 12:33 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    If the Eng degree is a 4 year program where you were granted advanced standing for the 3 year diploma you should be approved if it is properly handled by the attorney and the evaluation agency.





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  • gcseeker28
    07-29 09:26 AM
    Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
    So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?





    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





    eilsoe
    10-03 01:48 PM
    I have a feeling this could get evil...



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