Friday, July 1, 2011

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  • gccovet
    11-21 01:54 PM
    few days ago, I tried to extend H4 visa for my spouse but I heard through one of the lawyer in the firm that once H4 visa holder used EAD, H4 becames invalid unless you enter again in POE using H4, we cant apply for H4 extension as the current status is AOS. But we are still exploring it.

    I checked in H4 extension form I-539, they ask:
    1. current immigration status?
    2. whether you want to extend current status or change of status?

    But my spouse is working so if we say change status to H4 from AOS then not sure whether she can use immediately EAD to work? I opened a thread regarding this.

    Anybody experienced the same issue as above? Thanks.

    Once your spouse started to use EAD (Work), spouse is no longer on H4 status and H4 status expires. You can reapply for H4 as long as primary applicant is still on H1. Once H4 is applied and i-797 issued, spouse had to go for stamping for h4 and reenter to be again in H4 status.


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  • anilsal
    09-15 10:00 PM
    Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.

    If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?

    Now make up your mind and drive and meet other mid-westerners in DC.

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  • salvador marley
    04-10 05:56 PM
    yeah it does seem a bit un-alive. but i'm glad you like it man. Kirupa usually writes back and says - i've added it up when he likes a stamp. He will in time, no doubt but because of various contests that are taking place, perhaps he is very busy. In fact I am trying to think up a competition for him at the moment, but they all seem to have been done at some point in the past - t shirt etc. Perhaps the most obvious idea for a competition on a forum such as this would be a web page design? give people some guidlines and let them design a nice webpage in a sort of css style - but give them a title or ficticious company (perhaps something like - The new official site for Elvis and Graceland) - even if it is not an actual scripted site in html - only a jpg? but god knows who would give out prizes for such a contest. In the recent magazine cover competition (which i am a judge for) someone has offered considerable prizes. Maybe Kirupa could contact lisa marie and ask her ;)

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  • tnite
    06-26 02:24 PM
    hi guys,

    i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.

    i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?

    also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?

    thanks in advance, and sorry if the above are dumb questions.
    No one can tell you what will happen next month or 2 months from now.The best day to file 485 is July 2nd.

    Once USICS receives your app they will send out a document for finger printing.You should take a infopass appt and go to a local USCIS office to be finger printed.
    The time frame to receive this document ranges anywhere from a month to 2 or more.


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  • subri
    01-05 12:59 PM
    Am currently on husband filed new h1b for me in april 2009 and it got approved in August 2009.

    But when he filed my h1b i was in india.
    i came to us on June 2009 on H4 visa.

    can i go ahead and apply for change of status from h4 to h1b and start working.or else should i have to get my h1b stamped before i start my work.please advice.


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  • InTheMoment
    06-16 05:04 PM
    Use I-134 instead which is used for EB petitions.


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  • indyanguy
    11-16 10:20 AM
    Mine was sent out on July 2nd. Received AP and EAD. The LUD on 140 and 485 is 9/21/07.

    Filed in NSC. No FP yet.

    Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update

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  • shvinod
    05-27 04:06 PM
    Thanks for the suggestions. I called in the National Service Center and put in a request to expedite the case. Got an email that I can try to visit the local ASC and see if they can collect the biometric. We visited the local ASC today and the were kind enough to collect the Biometric. I hope we get the AP before the departure date..


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  • tnite
    11-07 11:45 AM
    I have a question. I am a July 2nd 485, EAD, AP filer and I did not receive my AP yet. My H1 visa stamping got expired, and I am planning to go to India for 2 months. Can I leave US before my AP gets approved, hoping that it will be approved in the next 2 months time and my attorney will send the AP papers to my India address?

    Is it possible, please advice.


    There is no official documentation for to do's and to not do's without AP.
    But folks have gone to India without the AP and then got it fedexed while In India and used it to get back to US.
    My brother in law did the same. I am not aware of the potential issues he might face in the future but will post so when something happens.

    use it at your own discretion.

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  • Macaca
    05-10 09:27 AM
    Must an H-1B alien be working at all times? ( D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


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  • coolpal
    03-25 10:25 AM
    You can only apply for extension 6 months before exipry.. so the earliest you can do is Mar 30th. Right now, USCIS is very keen on consulting cases, and RFE for client details is pretty much the norm. I got a similar RFE for which I responded, and nothing happened for more than a month. So I applied for premium processing, and they sent another RFE again. I am still waiting on the RFE, but I think it could be because my initial contract agreement (that my company probably sent in the response for RFE) had an end date of 2/28. It is now extended till June, but that is how my client works...

    My advice,
    1. try not to accept to be on bench... ask your employer to pay while on bench.
    2. Apply for h1 extension well before your contract ends or do premium processing if the contract ends in less than 3 months.
    3. Be prepared for an RFE. Make sure you can get client letters and such

    hope you won't get into what I am experiencing for the last 11 months :(

    pal :)

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  • AllVNeedGcPc
    05-21 10:33 AM
    As long as you have your returning documents, i.e. AP for yourself and valid unexpired visa for your wife you should be OK.

    Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.

    We used it when we did our landing back in 2008.


    My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B

    We will need to Travel to Canada for Immigrant Landing formalities after we get PR.

    How can we enter back in US so that my AOS and her H1B Status is not affected?



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  • anup_c
    10-31 03:16 PM
    I guess I'm on the same boat.

    140 Approved in May 07
    July 17 filed for 485/131/EAD
    EAD processed 9/11 and recieved
    Texas Service Center

    No FP notice yet for both me and my wife.

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  • veritas1
    10-16 10:12 PM
    I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.

    You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.

    Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations ( If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.


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  • tonyHK12
    01-25 09:27 AM
    Legal or Illegal; Congress Crackdown on Immigration - ABC News (

    The subject is quite misleading.
    There is no crackdown on legal immigration.

    "Despite that plea, most of the bills that have been filed in the new Congress are aimed at cracking down on immigrants — both legal and illegal
    Darrell Issa of California wants to eliminate the 55,000 visas awarded through a lottery and grant them to foreigners who graduated from American colleges
    - Alan Gomez"

    OK he claims the elimination of DV lottery is a Bill against legal immigration!
    Supporters of illegal immigration have always tried to over-hype govt action and scare legal immigrants, by saying the govt is after you too.

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  • mars
    09-25 10:44 PM
    HI All,

    My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.

    I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..

    Could Pls some one suggest the best course of action..



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  • newbie2020
    04-29 03:14 PM
    I see only USCIS officials and State dept officials in the panel committee...

    Isn't it ironic ....??

    They would put their argument why increasing the visa numbers will not really improve their efficiency in processing like July fiasco

    I am sure we can see the transcripts of this hearing. Not sure if it is going to be on C-span as well.

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  • InTheMoment
    07-20 01:22 PM
    Admin please close this thread as the issue has been resolved!

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  • parth1970
    08-10 12:57 PM
    My CP interview at Montreal in September 2008 (EB2 � India), I have few questions before interview.

    1. Do I have to get Affidavit of support or income come Tax Return from my sponsor company?
    2. Do I have to file Affidavit of support for spouse and children
    3. As my passport is going to expired I need to get new, Do I have to inform NVC/ consulate before Interview?

    Thanks and appreciate answer.


    08-23 01:53 PM
    If your Attorney is confident then move on.. Let's see if any one with similar issue has any comment to offer. Good Luck.

    My lawyer says 'do not worry' and he does not say what may be potential impact. gurus can you help what kind of trouble I would be facing?

    05-20 02:19 PM .html

    President Barack Obama is inviting members of Congress to the White House for a June 8 meething to highlight immigration reform, an administration official confirmed to POLITICO Wednesday.

    "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said.

    Asked if the session would be billed as a summit or a forum, like similar meetings on health care and fiscal responsibility earlier in the year, another official said, "This isn�t a forum or a summit with outside groups, this is solely a meeting with members of Congress on both sides of the aisle and both sides of the issue."

    Another aide said about possible labels for the meeting: "I don't know that we're going to brand this in any particular way."

    During a meeting in March with the Congressional Hispanic Caucus, Obama promised to host a public event on immigration, as POLITICO reported at the time. The New York Times reported last month that officials said the session would take place in May, but POLITICO reported yesterday that the timetable seemed to have slipped. Sources close to the process said it was delayed by various logistical issues, including focus on a possible Supreme Court pick next week.

    Immigration reform advocates have been pressing Obama to vow to pass immigration reform this year. He has promised make the issue a priority, but has stopped short of setting a goal of getting a bill through Congress by December.

    (Thanks to POLITICO columnist Gebe Martinez for the tip.)

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