Monday, September 26, 2011

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12-07 03:03 PM
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06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.

and btw, h1b premium processing takes 15 days, so don't panic.

I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?

The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.

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12-06 03:27 PM
July 2nd filer. NSC->CSC->NSC. Was told by an IO at NSC that my FP's have been scheduled on 10/26. Well, I have not received it as yet.

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05-02 11:38 AM
Hello Everyone!

I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.

My information:
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.

My Questions
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).

2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?

Guys, please help me, I am confused. I really appreciate any help!


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08-12 09:33 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd

LUD is 8/12/2007

Does this mean anything ?

On 2nd July, what time was your i-485 application received at NSC?

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07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

Family spillover for 2009-10 is approximately 10500, and is already allocated.

We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(


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07-19 10:39 AM
Thansk for your reply. In the Residency application(ERAS), there are two categories:

1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.

If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet

What is the best thing to do?

Check green card. and clarify later with hospital that no visa needed as u have valid EAD.

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04-01 02:38 PM
We went to India and got our visa stamped from chennai. Thank you all for all the help


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10-02 02:53 PM
As I understand, technically there are different situations - for example,

1. If some one is married to Canadian Citizen, his/her requirement of presence not needed and can hold lifelong Canadian PR, while remainig in USA on GC or as US Citizen.

2. Similarly, if someone is hired by Canadian Company and sent to USA, his/her requirement for presence is not needed.

American Citizen do get Canadian PR, there are some advantage too, such as medical.

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11-17 12:30 PM


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06-25 09:46 PM
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth

Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?

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08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

It seems like USCIS automatically ported the PD.

My EB3 PD is April 2003 and working for the sponsored company.

I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.

All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

Please advice.

USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.


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06-20 06:51 PM
Yes, your priority date shud be current when u plan to add ur spouse, otherwise they wont accept the 485 application

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10-08 02:29 PM
I have the same case as user beautifulMind ..

I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).

Should she use her OPT-EAD or I-485 EAD ?


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07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.

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10-31 01:40 PM
Here you for USCIS Application Support Center in google....Unable to find phone number....

Street Address
The Application Support Center that serves your area is located in Atlanta, GA.

The address is:

USCIS Application Support Center

1255 Collier Road, Suite 100

Atlanta, GA 30318.
Office Hours and Directions

This office provides services to the general public by appointment from 8:00AM to 4:00PM, Tuesday through Saturday.

This office provides services to military personnel from 9:00AM to 3:00PM, Tuesday through Saturday. Military personnel do not need an appointment.

Does anyone know phone no. and office hours for Atlanta Field Office. Thanks


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07-26 10:39 PM
Have you printed out the name of the file that was selected to make sure that that part is working? It seems like you've only done a minimal amount of debugging to determine the nature of the problem, so I would recommend starting with that.

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05-11 03:58 PM
Erm, kirupa will only add 4 of these stamps to the stamp page. Thats the limit for content similar stamps apparently.

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04-04 05:28 PM
I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

05-25 03:19 PM
Well my experience with passport renewal in Chicago was HORRIBLE. First it took about 6 week to receive it. I ordered a jumbo passport but received a regular one ...called the office and left several messages -NO REPLY. Finally one Mr.Chaman Lal had to answer my call. My luck Chaman was horrible to talk (too rude) and was a perfect Bihari babu ( no offense to any Biharis on forum) said in pure Bihari accent,"No Jumbo passport made here and as far as refund for the extra money for the jumbo passport I don't refund any paisa to anybody" and the bang he hung up.

03-17 03:47 PM
If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.


I have the bill from the Doc's office but the bill is in the prescription form and it says the following

uscis work - $$$
blood work - $$$
mantoux test - $$$

Is that enough? do you have a sample cover letter?

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