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  • krishna
    06-30 03:06 PM
    Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.




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  • waitnwatch
    08-27 06:03 PM
    It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

    I'm not a legal person, please verify from an attorney

    Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.

    I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.




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  • boreal
    08-18 03:52 PM
    Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.

    Yep, these associations have alumni on their mailing list too and thats how we can reach ppl stuck with retrogression. I know coz that association at my school, MSU maintains such a list too...




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  • snathan
    05-19 04:41 PM
    Hi,

    My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
    Is he out of status?
    Can he show that he is on vacation till he gets a project?
    Is there any other way?

    Pls help.

    Thanks!

    Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal



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  • mannubhai
    05-19 11:14 PM
    Hi,
    I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

    My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

    I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

    I need your help and how can I make sure as I do not want to lose my job.

    Thank you,
    John

    I think you will need a Visa.
    I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.

    Other members - please let us know if you are better informed.




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  • GCeffect
    11-13 07:51 PM
    Hi there:
    My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.

    She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.

    In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?

    There are only 15 days left in her passport; is that okay to apply for the extension?

    i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.


    My wife and my current status: i-485 pending for last 2.5 years.

    Thanks ahead



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  • gapala
    07-16 01:11 PM
    You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.

    Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.




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  • crazyghoda
    01-22 11:39 AM
    This is for EB5 .....but doesnt it require you to employ a minimum of 10 people?



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  • natrajs
    04-02 01:52 PM
    I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?

    If Everything set and once Your PD becomes current, Then you will hit the Lotto.

    Hope the Best




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  • fromnaija
    10-18 11:03 AM
    Hi,

    I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
    Thanks.

    -gg_ny

    You can change from AOS to Consular Processing. It's the other way around that's not possible. I wish your parents a speed recovery of their health.



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  • dskhabra
    04-02 01:12 PM
    I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.




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  • GCVivek
    04-11 04:55 PM
    You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
    I went from programmer to VP of Tech and nothing happened.

    I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.

    Question:
    Do i need to file for new h1-b or transfer?



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  • kaisersose
    07-17 09:35 PM
    Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.

    However, as long as you have a solid case, there is nothing to worry.




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  • sundeep14
    07-14 04:56 PM
    Thanks for quick responses..my worry is that USCIS should not put my 485 case in storage just thinkin that my 140 is not approved...though i have the approval in hand they have the online status as processin..i wonder how they follow procedure while approvin case...



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  • guy03062
    12-08 08:07 PM
    I think we're looking for Jan '09 bulletin ;)

    India:

    EB2 -> 01-JUN-2003
    EB3 -> 01-OCT-2001

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html




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  • singhsa3
    02-09 08:30 PM
    My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.



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  • Marphad
    08-03 01:13 PM
    Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...

    More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)

    Its really a shame that corruption is attached with immigration too. But its everywhere!




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  • pcs
    01-25 09:38 PM
    Dear IV Friend & Your better half,

    IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.

    Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.

    Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)

    I would request both of you to spread good word about IV & get us some active members & that will be great.

    We are trying to POWER OF NUMBERS !!!!!!!!!!!

    So cheer up & get active


    Best wishes




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  • snathan
    08-18 11:24 PM
    Thanks.




    CRAZYMONK
    04-26 08:41 AM
    When you applied for the second time in New Delhi, did they hold your passport?




    perm2gc
    06-28 09:54 AM
    Unless the first company cancels their H1B
    they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.



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