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  • sripk
    07-17 10:01 PM
    Thanks Elaine for your prompt reply to my question.





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  • vin13
    10-08 11:44 AM
    I am in the similar situation too...but I got time till Jan

    Does anyone know how long it takes to get AP aprroved.





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  • nhfirefighter13
    May 31st, 2004, 05:27 PM
    AFLACK!Nice photos! I like ducks...they taste good. :p





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  • solaris27
    05-31 05:42 PM
    how can any h1b visa holder own 33% in LLC .

    I thought in LLC all members should be GC/Citizens only .

    Please clearify .



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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!





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  • lazycis
    04-17 12:46 PM
    It's possible, but you need to marry first, then file I-130. After I-130 is approved, you can ask USCIS to use your I-130 as underlying visa petition for I-485. Keep in mind that I-130 AOS gives you only conditional permanent residency, after 21 months you need to apply for a regular GC.



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  • n2b
    04-17 01:41 PM
    I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?

    If I do so, what will be the status of the I 485 application after H1B transfer?

    This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?

    All help appreciated. Thanks all in advance.





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  • Kitiara
    08-16 06:25 AM
    Duh... Guess I haven't woken up properly yet! Now I re-read all the posts, you're absolutely correct. Oops.

    Anyway, I've found the break apart doodad can be quite hit and miss. I had a picture of some trees for an X-Files stylee website design I was toying around with, and they came out awfully, while some pylons came out even better. Neither were anything too radical, just basically black and white images.



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  • claudio
    01-14 12:38 AM
    Thanks :)





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  • makemygc
    06-14 11:20 AM
    Any one???
    I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.

    Note from Immigration-law:-
    It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.

    Can someone answer please???



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  • sravankind
    01-11 03:35 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side





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  • gauravster
    04-22 11:07 AM
    What I say should not be construed as any form of legal advice but based on what I know I list the following things.

    1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
    2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
    3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

    Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

    I hope this helps.

    Cheers,
    Gaurav

    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?



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  • amitps
    09-23 09:32 PM
    I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.





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  • Edison99
    09-14 07:28 AM
    Thanks for the quote!
    Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)



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  • GCNirvana007
    04-07 03:40 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    There is no rule in paper yet not to allow H1B workers in TARP to enter USA. Having said that, you belong into the category of every other legal H1B immigrant.





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  • ghost
    07-12 07:55 PM
    1) 140 MUST be approved for your 5-26-01 application with your old company.

    2) With your new company, get your LC approved under PERM

    3) While applying for 140 with your new company, use your old company's 140 to port your 5-26-01 priority date.

    Good Luck.

    PS: Murthy version is reliable compared to Khanna, it is better to apply for porting during 140 stage rather than 485 stage.



    Hi Friends My lc approved under 245i 05-26-01 world wide,my question is if I file perm with new company and if Ican get 140 approved can I use my old priority lc number and apply for 485.PLEASE HELP THANKYOU.



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  • vallabhu
    06-11 03:55 PM
    But it is clear as per bullet point given and Adjudicators processing the file may not understand the language they can just say only people ending 6th year are eligible and deny PP on 7th and 8th years applications.





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  • zeta7
    03-25 06:55 PM
    Sorry to hear about your luck. Like Skalra mentioned, I too would look into using your AP to re-enter. You said that you had already received your EAD, so I'm assuming you applied for AP too? Otherwise I think you'll just have to weather it out. Based on other posts here I think it'll take 4-6 weeks to get verification done.

    And can they really just hold your passport at the embassy? Can't you request to have it returned, if for example, you want to use the AP option? Perhaps some other scholars here can answer that question.





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  • usgc07
    02-15 08:35 AM
    As you all know, spouse of a greencard holder does not get any visa.
    So the option is to see if H1B visa can be obtained.
    She has the right qualification and work experience.
    Thanks





    logiclife
    02-15 12:03 PM
    One more thing about stamping in Canada and Mexico.

    The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.

    So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".

    On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.

    Then you would have to fly directly from Canada to your home-country for stamping.





    english_august
    07-09 08:18 PM
    Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.

    It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.



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