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  • IWannaBeHowdy
    08-04 08:10 PM
    Hello All,

    I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
    The I-40 is approved but me and my wife�s I-485 is still pending.

    We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.

    My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.

    Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.

    Thanks in Advance.





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  • GC4US
    01-31 11:39 PM
    Could someone help me with this issue, please?

    I applied for I-140 and I-485 in August 2007...my PD is sept. 2005, Eb3....
    ...I saw online the following message for I-140( I don't know what RFE was about:

    Current Status: Response to request for evidence received, and case processing has resumed.

    "On January 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done."

    My notice date for I-140 is Oct. 4th 2007 and receipt date is August 16th 2007...I've done my fingerprints in december 2007...my question is:....
    ......does it mean that Uscis will approve or deny I-140 within 60 days like they said above...even though the processing times for I-140 in Nebraska is Jan 2007?
    What does the above message mean?
    Does this mean Uscis is working on my I-140?
    Could someone clarify this please? Anyone faced a similar situation?

    I would highly appreciate your reply.
    Thanks in advance!





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  • immiuser123
    07-18 01:43 AM
    hi,

    Congratulations to all...
    Many thanks to IV core team for a very well co-ordinated effort.

    Will the Visa numbers from fiscal year 2008 be used for alloting the numbers for those who are filing now ?

    As per rule since those visa numbers are from future they cannot be alloted to those filing now.

    Any predictions on how the October bulletin looks like ?





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  • Blog Feeds
    11-08 03:30 PM
    The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians).

    Specifically, the H-3 is utilized by a foreign national seeking to pursue a career outside the United States, and training in the U.S. is necessary because the foreign national's home country does not have the type of training program available. Once the training program in the U.S. has concluded, the trainee must return to his or her home country to use the skills gained in the training program. In order to qualify, the U.S. employer must show that the foreign national's home country does not offer or does not prepare the trainee for the type of work that is available in the country, therefore training in the U.S. is necessary. When submitting H-3 visa petitions to U.S. Citizenship and Immigration Services (USCIS), employers must establish that the training program includes the following:



    Detailed description of the type of training and supervision to be given;
    The training program structure;
    Amount of time that will be devoted to productive employment (which must be kept at a minimum since this visa is for training and not for productive employment).
    Number of hours the foreign national will spend in classroom instruction and on-the-job training;
    Detail the career abroad for which the foreign national is training;
    Explanation as to why the training cannot be obtained in the country abroad and the reason the training in the U.S. is necessary;
    Source of remuneration.

    The H-3 trainee visa is a valuable non-immigrant visa option for training in a variety of industries. For more information regarding H-3 visas or any other immigration related matters, please call Kraft & Associates at 214-999-9999.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/RK8CT8ccyfg/)



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  • Jaime
    09-05 12:52 AM
    i know you are coming - that's why i was reminding you :D

    by updating the profile you will get lobby day announcements etc

    btw i sent you a pm....

    I sent you an pm back!





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  • seeking_GC
    07-15 01:06 PM
    Is no one in similar situation?



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  • rachnaj
    03-02 07:19 PM
    Hello
    We have a situation and need your advice on this:

    We have approved I140 with company A. Company A merged with Company B, and created a new company. Our amendmant was filed for new company and is still pending. I have also a copy of my approved I140 with company A.

    My I485 has passed the 180 days.and I have my EAD, and AP, and done FP.
    I have an offer from different company from the same industry sector where I have been working for past many years and same job profile.

    I have the following questions:
    1. Can I use AC21 portability and take up the new job?
    2. Do I have to wait for the amendmant I140 approval?? Or can I change with the approved I140 of company A, and 180 days past after amendmant has been filed.
    3. is it true that the employer doesnt have control over pending I140 after 180 days past for 485?

    Please help with your information....It will help us decide.

    Thanks





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  • TimeSaver
    05-17 09:46 AM
    Hi All,

    I need some advice from gurus.

    1. My company filed for my labor and then EB2-140 with March 2007 PD.
    2. A labor became available with EB3 specs and September 2002 priority date.
    3. I wanted to capture that but my company lawyer said no stick with EB2.
    4. Just before July 07 fiasco, when labor-sub was getting eliminated, I asked and applied for labor-sub I140 with Eb3 and September 02 PD.
    5. Filed I485 with EB3 140's copy and receipt number.
    6. Just recently both of the 140s got approved.
    7. Eb3 PD is not current but if I could use the EB3 pd to put into EB2, I could be current. Is there a way or am I day dreaming?

    Thanks



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  • ns521
    03-09 06:34 AM
    another website...more headache..





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  • Blog Feeds
    06-02 09:40 AM
    Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law. Even as several states are enacting marriage equality laws and anti-discrimination laws are moving forward around the US (including here in my home town of Memphis), the antiquated Defense of Marriage Act prevents USCIS from treating these families fairly. The UAFA would be a huge step forward. The Senate will have its first hearing on the bill tomorrow. My friend Chuck Kuck, president of the American Immigration Lawyers Association, has posted his written statement here. Thanks to reader...

    More... (http://blogs.ilw.com/gregsiskind/2009/06/senate-to-have-hearing-on-uniting-american-families-act.html)



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  • fromnaija
    11-17 12:15 PM
    If an LCA is filed before July 2010 which is a 365 day point I will be allowed to extend my H1 for another 3 years while my Green Card is in process.


    Not true! In the above scenario you will only be permitted to extend your H1 in yearly increment. To get a three-year extension you must have an approved I-140 Immigrant Petition for an Alien Worker.

    I cannot or do not want to comment on the second part of your question. Sorry?





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  • ash27
    09-25 11:27 AM
    My wife is currently on H4 Visa & she currently has a TIN number. We received our EAD in mail last week. Can we apply SSN for her?



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  • sweet_jungle
    03-04 11:03 PM
    I came to the US on F1 for MS and then trasferred to another college to pursue my PhD. During this time my F1 visa expired, but I am maintaining my legal status as my I-20 is valid. I got married last year and my wife who originally came on F1, is now on H1.
    I am going to planning to go to India in end of April and need to renew my F1 visa. What are the chances of my renewal getting refused, due to my wife's H1 (dual intention) status? What documents if any, can I show in order to prove that I have intentions to come back to the US?
    I need to get a visa interview date soon, so please reply as soon as is convenient.

    Thanks in advance!

    Should not be a problem. just keep some property docs.
    Worst case, they will give you H4 visa. Once you enter on H4, you can file I-539 to change from H4 to F1.





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  • a_yaja
    06-26 10:15 AM
    There is no issue if your wife is the derivative applicant and gets her EAD through you. You can also start but it is more complicated since your business has to be doing excatly the same thing as your labor application. Also, i think you should get lawyers advice if you are starting it. There is no complication for your wife to start a business.


    T
    The business started by you need not be the same as in your labor application as long as you maintain your job with current employer or you switch to a similar job. For example, you can start a company for renting real estate without any problem as long as you can show that your job as stated in the LCA still exists ow will exist when the GC is approved.



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  • Sakthisagar
    07-28 01:50 PM
    A federal judge in Phoenix on Wednesday blocked key provisions of Arizona's controversial immigration law from taking effect as scheduled Thursday, granting in part an injunction requested by the Obama administration.

    U.S. District Judge Susan Bolton ruled that the injunction would apply to the portion of the state law that requires police to try to determine the immigration status of a person they arrest, stop or detain while enforcing other laws if they reasonably suspect the person is in the United States illegally.

    In a lawsuit filed against Arizona, the Obama administration said the law was unconstitutional and warned that the provision would result in racial profiling and harassment of U.S. citizens, legal immigrants and foreign visitors.
    Bolton said in her ruling that it was "not in the public interest" for Arizona to enforce a provision that preempts federal enforcement of immigration law.

    Read More...

    washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2010/07/28/AR2010072801794.html?nav=rss_email%2Fcomponents&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wp-dyn%2Frss%2Flinkset%2F2005%2F03%2F24%2FLI200503240 0102_xml+%28washingtonpost.com+-+Today%27s+Highlights%29)





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  • WaitingUnlimited
    03-29 02:09 AM
    Disclaimer- I am from Hyderabad and I have no intention to divide the forum members based on their native places. I know that there were some controversial postings on visa stamping in hyderabad consulate. I found a stamping experience in murthy and thoughT to share with you all.


    Here is the link. (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=4731013881)

    ================================================== ====

    My interview went fine. I got the H1 stamping done today at hyd counselate. The interview was pretty short. I showed him all the important certificates ( Passport + petition + Hdfc fee slip + DS forms ). Then he asked me the following questions:
    Why do I want to go to US?
    where I am working?
    How long have I been working?
    What do I do in my job?

    APPROVED!

    This is my number -- **********. If u have any question give me a call. This number is valid till april10th... after that I will be in US.

    Best of luck to everyone!
    ================================================== ====



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  • cs.0
    01-29 11:13 AM
    hi kumar,

    Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.





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  • shvinod
    05-25 04:04 PM
    I had applied AP for my daughter (10 years old). I have read that the Biometrics are required only for 14 years and older. In her case she got I797 with an appointment in late June for Finger Printing (obliviously we had tickets to goto India before that date :-) . What can be done to pre pone the appointment and get the AP at the earliest.





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  • sunny1000
    11-01 11:49 AM
    Hi,

    I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....

    I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?

    Have anyone done that before? May you share your experience whether it's successful or not?

    As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.

    Good luck!





    vinoddas
    01-10 05:58 PM
    This is pretty confusing to me as to what I am can and cannot do with an EAD/AP combination. Right now I am on an H1-B visa. What are the major differences from getting a green card, other than the fact that if the green card is rejected for some reason, I would have to leave the country For example, on EAD/AP, can I:

    1. Quit my current job and sit at home, and do nothing?
    2. Start a company?
    3. Go to Full time MBA school?
    4. Go to part time MBA school with my current job?
    5. Switch jobs as many times as I want using AC21?

    -Vinod





    fatjoe
    10-22 11:07 AM
    Looks like NSC is sending EAD cards in a 'first filed first served ' sequence. I have been monitoring this with my friends circle, where EAD is issued in chronological order. About a few weeks ago, one of my friends received EAD for his July 24th filing, a week ago an Aug 6th filer received EAD card, Last week Aug 8th and 13th filers received EADs.
    I filed on Aug 10, but no EAD yet for me. Anybody who filed before Aug 13, didn't receive EAD yet?
    I filed my 485 on July 18 at NSC. The checks got cleared only last week at TSC. Looks like my 485 was tranferred from NSC to TSC. So, will I be having problem in getting my EAD, as my 485 is filed at TSC now, and EAD is at NSC.
    Please respond your views.



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