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  • razis123
    06-06 02:45 PM
    hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.





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  • kukitron
    10-05 08:33 AM
    Great info,

    Cons
    Salaries are quite low compare to the US,

    Pros,
    No Visa retrogression

    thanks





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  • gcisadawg
    04-21 08:54 PM
    My H1B was filed on Feb 10th and got approved around March 15th. 10th year extension.
    Full time employmnet. No RFE. Since my I-140 wasn't approved, I only got 1 year extension.





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  • desi3933
    05-13 06:51 AM
    ....
    Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
    .....

    It will be helpful if your I-140 is canceled or revoked by your ex-employer. If not, please request ex-employer to do so.

    Unless canceled (or revoked) I-140 is valid for lifetime and can be used to file I-485 anytime (as long as permanent job offer is available). By having canceled I-140, it can not be used against you in judging your immigrant intent.

    Good Luck.


    ____________________
    Not a legal advice.



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  • kaisersose
    07-02 04:11 PM
    Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.


    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.





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  • Jerrome
    02-24 01:33 PM
    Company B can not apply based on EB1, They have to apply only in EB2 or EB3.

    To Join company b you have to use
    L1
    - not possible.
    H1
    - October 2009 possibly if you get your visa
    - Green card not in EB1
    EAD
    - Not assure. Depends on Labor, 140 then 485 filing
    Last option
    - Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.



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  • waitin_toolong
    11-21 09:43 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.





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  • lord_labaku
    10-22 06:50 PM
    I am sorry, I dont know the answer to your question.

    But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?



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  • GCOP
    09-24 10:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.





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  • anilsal
    12-20 11:50 PM
    I wish Sen.Cornyn to have a wonderful holiday season. May he be well rested so that he gets motivated to pass the SKIL bill in Jan/Feb.



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  • brij523
    02-20 08:50 PM
    Please don't miss the tomorrow teleconference.

    Thanks





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  • martinvisalaw
    09-22 07:34 PM
    my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?

    Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

    i don't know how is this work, and how much is the f-1 to h-4 status change costs.


    That depends on the lawyer, Filing fees are $300


    if i get denied, she will be denied too
    Yes

    but if she gets denied, will i get denied?

    No, not necessarily

    in other word, is filing both visa same time affect the chance of getting approved?

    I've done thousands of H-1B and H-4 cases filed together. It's very common.

    u guys know the odds of getting approved on h1b from non profit organization these days?

    If the job meets the H-1B criteria, and you do also, you should be fine.



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  • rajeshalex
    09-20 01:31 AM
    Hi Modi,

    If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.

    And get quotes from one or 2 agents and check the airline website. This should give u a good starting point

    Rajesh





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  • miguy
    07-22 11:40 AM
    Please check my question in blue below

    Fitz,

    Following is some clarification that I got from my Lawyer..

    1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

    a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.

    Is this true? So, you don't have to be in US during the entire process of I-485 application?

    2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

    a) An I-485 can't be abandoned simply because you left the USA

    3) Once we file 485 do we need to wait for the receipt before traveling abroad?

    a) No.



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  • greencard2008
    06-11 09:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:





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  • paskal
    06-24 09:24 PM
    In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.


    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    http://www.uscis.gov/files/form/I-864.pdf



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  • baburob2
    06-04 02:18 PM
    There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.

    Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.

    There will be no issue. As a precaution, carry all original old approval notices also.

    They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.

    Good luck.

    hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.





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  • alterego
    02-20 09:44 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.





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  • krishnam70
    07-17 07:13 PM
    Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad:


    and file yourself using the thread for self-filers in this forum.

    cheers





    coopheal
    12-28 07:34 AM
    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??





    keerthisagar
    10-28 10:02 AM
    There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).


    However, You can file a request using FOIA. Check the following threads.

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html

    Thanks indigo10, this is helpful.



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