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  • gc_kosam
    06-02 02:09 PM
    Guru's,

    My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

    2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.

    Please Guru's share your thoughts.

    Thanks in Advance





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  • swita
    03-25 02:56 PM
    Thanks for your replies....Do you have to go on vacation before you file the labor certification application or can you file your PERM and then go on vacation and then apply for recapture .





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  • knowDOL
    06-20 07:14 AM
    I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.





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  • sb0k
    11-08 07:46 AM
    hi..u forgot to add this
    http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381



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  • monkeyman
    10-24 09:43 AM
    Unless your parents have SSN, you can't really claim exemption. The other way you could claim exemption is, if they visitied for business reasons - such as running your motel, shop or business. For that, you'd need the B1 visa. Medical expenses are not really covered for them as far as I know (I used an insurance company for that).

    Do post any further updates if you do get them. I did talk to a CPA since they came here to help me with my house and moving and painting and all that headache that comes once you buy a house. He did not file for exemptions as such. You can however claim exemptions if you had gone to India for visa stamping (flight tickets, charges etc are exempted).





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  • vin13
    10-26 01:31 PM
    My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
    Does she need French transit visa ??

    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.



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  • nashim
    07-29 08:38 AM
    Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.

    An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.





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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

    Incorrect!

    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • pappu
    09-23 01:32 AM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)





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  • Madan Ahluwalia
    02-23 02:55 PM
    Two things:

    1. You might benefit from 245(k) provisions. Check with your attorney.
    2. Do not provide tax returns. it is not required at the time of filing of green card application.

    Good luck.



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  • ivar
    09-11 11:04 AM
    I read some posts from the thread you mentioned and i was not able to read it entirely as it was a very long thread. I couldn't figure out what changed with respect to EB2 job zones. I have filed my current perm in EB2 with senior software engineer title and i am not sure what will happen to that. I am in this country for 5 years and still struggling to get my PERM approved (So far i have filed PERM three times :)) Is there anyone in IV who has got their PERM approved with Priority date from DECEMBER 2008 onwards? This will be little encouraging.

    Are there any PERM approvals with priority date after DEC 08? I believe a lot of people on IV have already passed this stage (Many may have EAD by now) and there may not be many in this PERM queue. There are people like us who are still stuck with PERM and need to hear from fellow IVians if they are aware of the reasons for the PERM delays. It is taking more than 10 months to get the regular PERM approvals.





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  • sat2010
    03-05 11:23 AM
    Congratulations All , good to know that eb3 to eb2 case is going through.

    what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .

    Thanks in Advance .



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  • harivenkat
    05-16 10:28 PM
    my one piece of advice is , dont go to lawyer for canada immigration....
    the lawyer becomes a biggest bottleneck in communication with cic ...
    its best you directly deal with canadian immigration services (cic)....
    if you need help you always have these forums to ask questions...





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  • sanju
    02-03 06:22 PM
    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

    Because data you are referring is incorrect and fake. Data you are referring is produced by a business to make people come to that site.

    And, if you seem know the answer, then why are you asking? Sorry that I wasted my time replying to your initial post.


    .



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  • ken
    04-08 03:25 PM
    Is there anyone who is in similar situation?..





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  • GCwaitforever
    04-11 11:47 AM
    Congratulations on getting GC. You are out of this hellhole.



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  • reddy_h
    10-25 12:08 AM
    No, once your GC is approved, her H-4 is invalid. You have to use Follow to Join, no other choice.


    Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

    Now the question I have is.

    1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
    2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

    Let me know what you guys think. On mountain crossed and still more hills keep coming.





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  • kondur_007
    07-27 06:47 PM
    Thank you for the post.

    This is a nice comprehensive analysis by Ron.

    Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.





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  • gbof
    09-01 04:11 PM
    Congrats to you....I am still waiting.

    Can some smart one start POLL for sept approvals with PD month/yr and TSC/NSC ?





    dixie
    06-20 01:56 PM
    :(

    I wish people here are more sympathetic to those who are ignorant about
    the gravity of the current situation.

    supers789,
    this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...

    Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.





    Steve Mitchell
    March 27th, 2004, 08:11 AM
    Yes I will be there.

    Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.

    Checking the Fieldhouse website it says:

    "Camcorders/Recording Devices:
    �Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."

    I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.

    Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.

    Are you shooting the game Steve?

    -- Matt



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