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  • jaggu bhai
    08-10 08:42 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks





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  • arihant
    12-28 11:08 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(

    Why is your 485 case pending since 2002? Is it stuck in Name Check or due to retrogression. I thought that 485 cases are progressing relatively fast as long as the case is not affected by retrogression and is not stuck in the black hole called "name check"!





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  • smidreb
    08-04 01:10 PM
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?[/QUOTE]
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?[/QUOTE]
    --He had filed his 485 before she got married to him.





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  • mahujam
    09-26 12:31 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    My date was june 19th.
    I got approval emails yesterday.
    Yet to see the card.
    Give it a few more days.



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  • Texascitypaul
    02-23 06:25 PM
    Make sure you speak with an attorney who files a lot of marriage-based cases.
    I am looking right now,thanks for that piece of advise,so many to choose from...





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  • telekinesis
    10-20 10:53 PM
    Hellz yea, I hate those **** start things, beeps work well!



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  • kewlchap
    04-06 01:15 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.





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  • digital2k
    08-06 02:20 PM
    *



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  • Soltan
    05-05 06:46 PM
    I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.

    Hey guys, digging up a little old topic but I have a question regarding the same.

    I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.

    But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?

    Please please reply.





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  • mps
    09-07 08:20 PM
    you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???

    NRE account has much lower interest rate compared to NRO like 3% vs 8%. FCNR by definition is low interest rate very close to what native country of FCNR currency offers.



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  • ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?





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  • styrum
    03-14 03:17 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...

    http://www.germany.info/relaunch/info/consular_services/visa/transit.html



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  • GCard_Dream
    07-09 06:49 PM
    Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.

    I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?

    Thanks to all for sharing their experience and knowledge.

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).





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  • h1-b forever
    10-13 10:23 AM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.

    Did you get an answer?



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  • babu123
    08-20 03:41 PM
    Call 1-800-375-5283

    options 1 2 2 6 2 2 1

    At level 1, tell you didnt received receipt nbr and check not encashed.

    You will be transfered to level 2. The officer at level 2 has access to check the name status.

    Myself and my wife got the information. But some of my friends are not receiving the information. Good luck





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  • viswanadh73
    01-07 11:19 AM
    can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.



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  • gc_in_30_yrs
    09-12 07:20 PM
    If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

    With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

    But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.





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  • kaisersose
    05-29 07:39 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

    No one really knows. That means there is a 50% chance she may be right.

    However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.

    Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

    Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.





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  • chanduv23
    02-24 09:27 AM
    Thank you theshiningsun and chanduv23.

    Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

    I want to clarify little more.

    1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

    2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

    Here is the whole meat - I have written about this probably 200 times.

    You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.

    If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.

    Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.

    In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.

    AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.

    Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.

    Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.

    If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.





    gcwanted101
    09-02 10:43 AM
    Did any one(who have not applied 485 yet) got their 140 Approved copy by FOIA request? :confused:





    wandmaker
    04-04 01:52 PM
    wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

    Also, do you think Consular processing might be a better option instead of 485?

    Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.



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