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Siboo07-30 03:47 PMbut you need to improve

Take it as fun...:D



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vegasbaby02-19 07:23 PMI thought this might be of your interest.

Home - Upgrading to EB2: Can I use the same job? (http://www.immigration-information.com/forums/content/155-upgrading-to-eb2-can-i-use-the-same-job.html)



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Prashanthi12-03 05:13 PMI stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.



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Siboo08-03 11:21 PMMy wife's case is still Pending.

July 2 filer.
PERM
EB2 - India
PD : 08/2005

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texanguy02-02 01:45 PMpreviously discussed.

check out my post and gc28262 's response in the following link

http://immigrationvoice.org/forum/showthread.php?t=23111&page=2

I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.



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mvijay8508-04 07:58 AMHi,

I am eager to know what happened to your brother's visa?

It will help me a lot!

Thanks,
Vijay

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milind7007-26 03:12 PMMy company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

Actually speaking your wife does not require any visa after applying for AOS but your 140 is not approved so to be on the safer side please change the status to H4. I would suggest consult your attorney



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satishku_200006-03 04:32 AMKeith Ellison, Congressman from MN was in Milwaukee, WI today.
I had a chance to meet with him on a small gathering for his fund raiser.

He is a member of Judiciary commitee.

We asked him questions on how to become more active in Politics, how Congress works etc etc.

He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.

Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.

If you don't then you won't get anything. It is that simple.

thanks,
engineer


Hey

buddy nice post , did u get a chance to discuss any of our issues with the congressman?

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nixstor12-07 10:18 AMI transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

You should check to make sure.

May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.



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heywhat08-03 06:47 PMTalk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...

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Libra09-26 12:17 PMNo, I got my EAD approved and still waiting on I-140 approval from NSC.

I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?



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raysaikat08-16 01:55 AMwhat has indian immigration officer to do with AP and US immagration.....

You need to show the police officer in India before leaving for US that you have valid visa/papers to enter US. Otherwise I suppose they can stop you from boarding.

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anilsal09-15 10:03 PMthe ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.



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GCNaseeb11-05 12:57 PMI called NSC today. This time a lady answered my call. She did not help at all. I told her that I have received all four FP notices with misspelled Last Name. She was asking where these noices came from; I said NSC. She looked up the case and said I have already opened an SR for typo and she can not open another one. All she said is I should go to ASC for biometrics and inform there to correct it. I am not very sure, if correcting the typo at local ASC office is all its needed. I will update you guys once I go there on Friday.

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gcphul12-14 03:14 PMHi Sam,Munnabhai

Yes i am planning to start fresh GC and h1-extensio, The reason i am expecting to reject bcoz mine LC-sub and on top of 1,2,3 Mentioned RFE's. Case me Dham Nahi hai.



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saketkapur02-07 10:53 AMlink??

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piyu744407-03 01:27 AMH1B transfer pending & going out of US for 3 days.

My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

Please help by throwing out your thoughts/past experience/knowledge base in this area.

Thanks



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ChainReaction05-04 09:11 AMI just sent webfaxes to senators from PA , NY & NJ, with my old address for NY and NJ . I did used the letter on this thread since it covers our issues in a nice layout, with some alteration to it.:)



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thepaew12-14 09:23 AMHi

The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications

I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.

Best of Luck

I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

Thanks!

I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007



coolvigo07-02 11:08 PMI am ready to that......
How can we do that...and when should we start it.....
Can someone lead it ?



Oct00711-06 02:26 PMIf I renew my H1B can I avoid visa stamping by using the AP travel document.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


Thanks to all for the responses.