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  • rockstart
    10-13 08:42 AM
    You need to consider all possiblities

    1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything

    2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not

    3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.

    I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.





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  • GC444
    08-11 10:24 PM
    all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
    My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:

    I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!





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  • micofrost
    07-24 04:12 PM
    I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???

    Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
    You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94





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  • santb1975
    01-28 10:45 PM
    ^^^



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  • sdckkbc
    02-04 12:23 AM
    LONGGCQUE,

    I have filled the form today. Can you plz tell me what exactly is the verbiage of the question and which section of the form it is in?





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  • kodey7
    12-10 12:00 PM
    Thanks beuhler.

    Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
    http://newdelhi.usembassy.gov/nivconsdist.html

    So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.

    In your case, was it an emergency appointment or a regular one ?

    Thanks.



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  • Jaime
    09-15 12:18 PM
    你好 - 华盛顿!





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  • hyoungill
    04-27 04:57 PM
    Hi!!

    I am preparing grren card aplication with EB2-NIW.

    I have question about I485, Part2, Application type.

    If my I140 is pending, which type do I (principal applicatn) and my wife (spouse) have to check?

    Some people said that I can check "a" and my wife can check "b".

    Other people said that I can check "h" with "EB2 NIW" and my wife can also check "h" with "filing concurren
    tly with applicant's spouse I-485".

    Could you let me know which is right?

    Thank you very much!!!



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  • pscdk
    08-30 02:12 PM
    I applied my 485 as a single on July 17th.
    I got married and then applied my spouse's on Aug 16th.

    Since I am married now, will that cause my application to get rejected as I applied as Single.

    I am not sure how would this be handled at USCIS end ?

    Any idea ?

    I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current





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  • peer123
    12-18 08:26 PM
    Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.


    I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.



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  • pcs
    01-25 10:00 PM
    AP means, he is pre authorized to come back. Talk to some guys & wait to see some more replies at thou is forum. Ask your friend to block seats till you get more clarity.

    Best of luck.....

    By the way, pease stay active with IV & help our / your cause by getting more active members & contributions





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  • needlotsofluck
    07-24 08:59 PM
    My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.


    My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.



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  • Karthikthiru
    03-18 11:57 AM
    I also had two LUD's after I submitted the AR-11 form. It took two days more after I submitted the AR-11 form

    Karthik





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  • manderson
    03-04 10:47 AM
    i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).

    if u want to find out about NC status, call 18003755283. Press
    1
    2
    2
    6
    1
    enter receipt number
    1
    1
    keep listening to updates on case
    3
    4 you will be connecting to 2nd Level IO



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  • nrk
    06-25 02:57 PM
    Thanks Ravi,

    how far we can believe in Ombudsman statement, Are we expecting a faster movement in EB categories ?





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  • small2006
    06-03 09:58 AM
    I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.

    Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24...

    Thanks.



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  • ajm
    04-13 09:08 PM
    Friends,

    I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.


    Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).





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  • skp71
    04-02 11:58 AM
    Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...





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  • roseball
    07-19 12:33 AM
    I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.

    Sure you can, as long as your new job requires a Masters or Bachelors + 5 yrs of experience and your employer is willing to start the process, you can do it. Being on EAD or H1 doesn't stop you from porting your PD.





    Appu
    08-18 04:49 PM
    I am hoping someone can shed some light on this situation:

    I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.





    meridiani.planum
    04-18 02:40 PM
    inline...

    hello experts..

    My husband and I are working on H1B visa.My husband has filed for Green card..

    Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
    if 6 years on H1B are over??

    None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.

    If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
    for visa extension?

    If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.

    If I join another company do I have to have again labor cleared to get additional visa extension
    at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?

    Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
    Many thanks..



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