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  • anil
    04-02 11:20 AM
    I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
    1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
    2) Attach all H1/H4 copies of yourself and her with I-94.
    3) Fill in H4 renewal application
    3) Have the lawyer send all paperwork it to INS asap

    When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.





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  • GC_Geek
    10-01 05:52 PM
    I already pllued all of my paperwork from attorney.
    You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
    So, better have a copy of all paprework before..

    I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
    I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..





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  • ita
    07-25 01:21 PM
    I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being

    1. I had good relationship with my previous attorney.
    2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
    3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.

    Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.

    Thanks.

    I like your reasons.I have good realations with my employer.
    My attornety is through my company though I paid her.
    I'm still concerned with this 'what if my employer and through him my attorney do something that might harm my case if I move to another company'( as my old company will not have me and that will make their business a difference)
    And it's attorney who will have to let me know if there is any RFE in future.
    For the same fear I'm not even asking my attorney any AC21 related doubts that I have as she may go to my employer , tell him about it and that would be like giving him reason to believe I'm moving out even before I made any move.
    If I changed the attorney then there is other set of reasons to be concerned about.

    I would really appreciate it if any one could suggest something on this dilemma that I'm going through (having gone through this themselves or otherwise).

    Thank you.





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  • India76
    09-17 01:39 PM
    I am going fromamerican airlines that goes directly from chicago to Delhi and coming back same way.



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  • h1techSlave
    11-19 10:20 AM
    If you look at the numbers.
    EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
    EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.

    Now take your pick.

    h1techSlave,

    I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....

    Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?





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  • sanu121
    12-22 05:07 PM
    Austin+1

    Count me in.



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  • ajay
    03-02 10:15 AM
    There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
    It is completely a difficult situation we are in if we are into any trouble.





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  • InTheMoment
    06-19 09:32 PM
    You have no option here dear ! NSC is the only place where you would file your concurrent application !

    Check www.uscis.gov/I-485



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  • jetr
    08-27 01:22 PM
    >> My qn is what if company A cancels my 140?
    3 year H1 extension may be denied.

    >> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
    Yes.


    ____________________
    Not a legal advise.

    Thanks desi3933.
    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks





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  • gc_chahiye
    08-01 08:09 PM
    depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.

    If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.



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  • ivar
    09-09 12:16 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?





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  • droy1981
    04-07 04:47 PM
    I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.

    Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?

    Any help will be greatly appreciated!



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  • ubetman
    08-08 10:28 AM
    My application has not been sent yet. They are planning to send it to TSC. My confusion is:

    According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.

    Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...

    tension ...confused....lawyer don't reply...he doesn't care much...

    anybody has hotline number to call and confirm with USCIS...thanks in advance..





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  • Dhundhun
    03-30 12:42 AM
    Read AVR rules.

    http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.



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  • illusions
    04-15 01:07 PM
    wow... man 9 years is like an eternity for me... you deserve it, wish ur wait would have been shorter tho, nevertheless you have it now so enjoy!





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  • CRAZYMONK
    09-24 02:37 PM
    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.

    There you are. I am pretty sure that the reason for your RFE is your travel.

    Every thing should be fine if you just send your medicals again.

    Any way all the best.



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  • fromnaija
    03-02 11:47 AM
    The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
    Hmm, something surely to ponder for this country.

    Are you personally "sticking it out"? Does that make you a mediocre talent? Something to ponder about your post.





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  • painful_GC
    03-10 07:59 PM
    Hi many thanks again..how long does it take in total for COS from H1B to L1B ?? and then to get an EAD ??





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  • GC_LOOKIN
    09-12 07:16 PM
    Submitted on July 2 nd received by R. Mickels and case transfer to TSC.

    EB 2 PD Nov 2005
    I140 Approved May 2006
    EAD : Cards mailed on Sept 5th and Approved on Sept 10th
    FP Sept 24th

    Cngrats vempati:)..is your 140 approved from NSC or TSC?
    and at what time is your application signed by R. Mickels ?





    a_yaja
    08-07 09:30 AM
    I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.

    Your LC will not be processed. It has already been processed and approved. Only your I-140 will be processed and if approvable, then it will be approved. Depending on your priority date, your I-140 and I-485 may be processed at the same time and approved at the same time.

    This is how I understand Substitute Labor will be processed for I-140. I may be wrong.





    gc@waiting
    09-30 07:01 PM
    Thanks very much dingudi.

    BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?



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