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  • nmdial
    08-21 01:57 PM
    Prashanthi,
    Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.




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  • mwin
    08-30 10:00 AM
    Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.


    Hi,


    I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.

    During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.

    what are the possibilities to include her in my greencard process?

    Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.

    My Case Details

    Labour Filed (Perm)--------------------------> Jan-2006
    Labour Approved -----------------------------> April-2006
    I-140 Filed -----------------------------------> Aug-2006
    I-140 Approved --------------------------------> November 2006
    I-485 applied only for myself --------------> July 20,2007
    First entry into USA------------------------>January 2000
    H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)


    Thanks
    -Kishore




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  • raysaikat
    07-27 08:04 PM
    Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?

    By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).




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  • Ann Ruben
    03-29 07:42 AM
    First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

    At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
    who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.



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  • eb3_nepa
    08-11 09:58 PM
    I'll take it all, where do I pick it up from? ;)




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  • hindu_king
    06-03 04:53 PM
    I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.



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  • deba
    08-22 12:09 PM
    No new PIO card is required unless 15 yrs is up. Get it endorsed with the new passport # on your PIO card from the embassy/consulate.




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  • leonimish
    04-26 08:45 PM
    Hi,

    I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
    If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.

    I have not yet filed GC yet though.

    Hope this helps.....



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  • YesGC_NoGC
    09-08 12:25 PM
    Hi

    I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.

    My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.

    Thanks




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  • satyab7
    04-06 09:30 PM
    Very good effort. Keep it up guys.

    Sincerely.



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  • bsnf
    02-18 08:51 PM
    ...if you do not have a valid-unexpired stamped US visa.

    Thanks for the quick reply.
    I do not have a stamped visa. Only AP - I cannot fly via Canada then.

    Thanks again, appreciate it.




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  • sankap
    07-25 03:34 PM
    She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.

    The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.

    -Morchu

    I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.



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  • parablergh
    09-09 02:38 PM
    As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.

    The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.

    You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.




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  • lskreddy
    08-26 04:27 PM
    Let me know if you find anything Maya79. I need to know about this too.



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  • mantagon
    11-25 11:19 AM
    Hi,
    1)How long is the duration for University H1?Is it also 3+3 years like regular industry H1?
    2)Can we do part time Phd on university H1 working with university?
    3)Is there any extension after 6 yrs for university H1?
    4)Can one apply for Greencard on this University H1?
    5) If we have to change from University H1 to Industry H1,is that also through normal regular H1 cap lottery method of selection?

    Thanks for your help!!
    1) Yes, it is.
    2) Yes, you can!
    3) Yes, there is, provided your Green Card application is pending for more than a year.
    4) Yes
    5) Yes




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  • Rockford
    08-28 12:35 PM
    hi !
    we have recently finished our finger printing ... can anyone tell me what will be the next step ..

    thanks

    WAIT.................................Like you always do in this process.



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  • Bobby Digital
    June 17th, 2005, 10:21 AM
    I'm looking for a good macro/micro lense and am curious if the Nikon telephoto AF Micro Nikkor 105mm 2.8D is good lense?
    Is it worth the $600?
    What kind of difference is it going from a 105mm to 200mm if there for close up shots?

    Thanks for your help!




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  • minimalist
    09-10 02:54 PM
    Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?

    Is this a valid circumstance. Has anyone been in a similar situation.
    H4s better keep AP along when traveling.




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  • gc_check
    01-25 11:07 PM
    Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.

    Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.

    What do you think?

    ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.

    Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.

    I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.




    nozerd
    12-01 02:02 PM
    If I live in Canada but commute daily to work in US (Windsor/Detroit) can I file I 485 in US instead of consular processing ?

    Thanks




    mr_aryan
    10-19 01:59 AM
    It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
    I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.

    Thanks in advance



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