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  • tdasara
    02-11 09:06 PM
    My passport was supposed to expiry 1/2007. I made 2 trips outside US (Canada and India) and while entering both the times my I-94 was dated till 6/2008 my H1b expiry.

    I now have a new passport and so see no issues.

    Infact my H1b visa was stamped beyond the expiry of my passport so I'll have to carry both my passports with me.




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  • cessua
    04-05 03:53 PM
    I am in a similar situation, i am on my 5th year H1B ROW and my laywer sent in the I485 before the retrogression started but i still have to wait for the PD to be current.
    I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.

    Advise?




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  • perm2gc
    12-16 07:41 PM
    I would like to know some details about EB3.

    Currently the priority date for EB3 India is May�01.

    My PD is Mar�2004.

    When no reforms happen, how long approximately it will take to reach my PD.

    I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?

    Thanks
    10Yrs is my guess.:D




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  • WeShallOvercome
    07-20 12:09 PM
    I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.


    Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..



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  • iam_amit
    02-20 05:47 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers




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  • doubleyou
    05-20 10:38 AM
    I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.

    But more than for me, i am reaching out to all others in IV.



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  • MeraNaamJoker
    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you




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  • franklin
    06-22 08:35 PM
    Seriously - give the amount of time and money each one of us spends to get a greencard, are you really that concerned with the difference of a few dollars on some photos?



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  • nissan_1
    01-24 02:52 PM
    During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
    But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((




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  • furiouspride
    01-12 10:50 PM
    This is a serious matter my friend. You should consult a good immigration attorney ASAP.



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  • vphope
    04-04 12:22 PM
    Is attorney not in the loop?
    Why didnt he get any info?

    Are we supposed to be monitoring all these...:mad:




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  • alien2006
    07-11 07:54 AM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

    Yes your lawyer is correct. You count towards the cap only once.

    On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.



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  • ssnd03
    07-20 01:33 PM
    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!

    Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.

    It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.




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  • bskrishna
    01-02 11:47 AM
    I am in the same boat..all the transfer cases are taking a longer time to get FP notices.



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  • continuedProgress
    05-13 10:58 PM
    This is something I've been wondering for a while reg. EB3->EB2 process.
    After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
    Thanks for any responses!




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  • sparky_jones
    10-27 03:58 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
    A very nice message! Happy Diwali to you too!



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  • diptam
    08-10 12:50 PM
    You will never hear in future too but you may see that in any Public Forum Posts and you very well know what the poster meant !!

    Thanks !
    Europe: never heard of this "country" :D




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  • senk1s
    02-24 03:04 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....


    HTH,

    webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago




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  • Caliber
    05-31 10:28 AM
    The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !

    My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.




    amitga
    05-28 01:21 PM
    I think the easiest solution would be to get married ASAP.




    vxg
    09-10 03:42 PM
    Folks,
    After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...

    Officer: Purpose
    Me: Me approved my wife not
    Officer: cases..
    Me: Presented cases
    Officer: Yes you are approved...your wife is pending
    Me: Oh really that is a revelation....
    Me: Why so?is she preadjudicated?
    Officer: There could be many reasons...no she is not pre-adjudicated...
    Me: What can we do to expedite as she is current
    Officer: Nuthin ....I was loosing my temper now...
    I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
    Officer: gave a vague Monalisa smile...
    Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...

    On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...

    Hope the info helps..

    SoP

    You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.



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