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Monday, June 27, 2011

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  • rajenk
    07-30 12:50 PM
    What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?

    Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.

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  • IN2US
    07-17 09:58 PM
    dude do you wanna edit your post now????

    BEST OF LUCK with your filing:D

    well, I'll sleep like a baby to night :)

    good luck to all filers

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  • viz
    02-01 10:29 PM
    I am wondering about exact same thing. Any help would be appreciated. Thanks.

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  • go_guy123
    12-23 03:16 PM
    Why so quiet today?

    Where is the holiday spirit?

    Not even any joke?

    Yeah..merry christmas and a happy new year from me....


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  • snathan
    08-05 05:24 PM
    my wife has filed for her I-485 (AOS) with me.
    She has an H1 whch expires in 2012.
    she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).

    Now my question is does she has to do anything to renew her I-94?
    If she doesnt renew her H-1 now will she be still in-status on H1?
    does she have to renew her AP in order to stay in status?

    This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.

    Thanks in advance...

    AP is only for travel purpose. She will be either on AOS or H1 Status.
    If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1

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  • amsgc
    05-13 11:17 PM
    So what are they busy doing right now? Which cases are they processing - care to share?


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  • Ann Ruben
    05-27 05:41 PM
    There is no equivalent non-immigrant visa to an E. However, in some circumstances, an H-1 or an L-1 visa might be possible based on professional or managerial position with the US enterprise in which an investment is being made.

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  • paulkurni
    07-18 01:52 PM
    Hello Experts,

    Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
    I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.

    I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.

    After doing research, I am thinking of the following strategy.

    I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).

    Do you think if this is a viable solution? Any suggestion is welcome.


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  • rameshms
    10-24 02:33 PM
    The RFE was for biographic information of the passport (basically a photo identity matching the name). It appears that my lawyer may have missed sending separate copies of it for each application (485/765/131). Anyway I sent color copies of the passport pages as well as driver license. The status for the application changed to "Response to request for evidence received on 10/09/2007 and processing resumed".

    As far as your FP notices, I have read that others have been able to get the notices after calling the Service Center customer service. You might want to consider that.


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  • anindya1234
    07-06 10:23 AM
    need answer to this......please


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  • meridiani.planum
    03-02 11:58 PM
    Hello, I am on H1B with an employer with dates from sep 2005 to sep 2008. I am amending my petition (with a new lca) as well as extending it for the same company. The amendment date will be from April 1st.

    Now my question is shd my extension (with amendment) be from April 2008 to April 2011 or can it be for the remainder of 6 years that is April 2011 to Sep 2011. Please let me know. Thanks

    upto april 2011. This is a bit like transferring your H1 after you complete 2.5 years with some employer: you get 3 more years, not 3.5. H1 extensions/filings/transfers are always <= 3 years.

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  • fasterthanlight�
    04-11 01:30 PM
    Apparently not this year


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  • suny_saini
    08-05 12:18 AM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    REF: (A) 02 STATE 163054 (B) 02 STATE 123775


    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485

    (READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

    WHAT IS the way out?

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  • parsu
    02-02 08:27 PM
    Should not be a problem. I used Cobra while I am on H1 and changed the Employer.


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  • narendra_modi
    06-23 12:16 PM
    YouTube - Pakistani Student refuses to take award from US Ambassador (http://www.youtube.com/watch?v=se5_vkzT1Ps&feature=related)

    a paki ..double standard, want a western degree , want money..what a arrogance ..

    ..there are perhaps thousands like him here among us....USA (Harward) educated brain against USA, supply US provided technologies to North Korea and Iran...

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  • mita
    10-15 09:36 AM
    I am applying for my AP and EAD renewal, please help me with few questions:

    For EAD:
    14) Manner of last entry: H4? (I was on H4 when I last entered)
    15) Current Immigration Status: AOS? (My husband received his GC)
    16) Eligibility: ???
    17) Eligibility: None?

    For AP:
    1.3) Class of Admission: H4?
    3.2) Expected length of time: ???

    Last time, my husband's company attorney had filed our papers. Since, my husband received his GC, we have to renew ourselves. Should I send a form to cancel G28? Thanks in advance to all for their time and advise.


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  • GKBest
    10-16 12:53 PM
    How old is he? Are you sure you filled out every item?

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  • manand24
    10-23 09:31 AM
    I also had a soft LUD on the AP applications for both me and my wife on 10/22/2007. I have to agree with tnite, there is no definite answer .

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  • jetflyer
    06-18 11:34 AM
    This may be of help for the folks in the temples that I support. I will share with them, at least some relief for them :)

    07-17 06:16 PM
    Is there any risk in rescheduling a fingerprinting appt? I am travelling when the appointment is currently scheduled for:(. Does that impact the overall processing times of 485/EAD/AP?

    I don't know how it affects the overall processing times, but there is no problem rescheduling the appointment. Just follow the instructions on your notice.

    1 disclaimer - you MUST reschedule it before your original appointment date. Failure to attend your appointment without 1st rescheduling is considered an abandonment of your AOS etc.

    02-01 04:21 AM
    Sometime the RFE does not apper on case .

    Attrorney might have got it and replied

    This means they have recived your Evidence and the processing has been resume. I donot know if you are victim of A#. Same A# assigned to more than one application(I read it somewhere)

    Contact your attroney

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