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  • invincibleasian
    02-06 11:15 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you

    First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.




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  • pappu
    10-19 02:22 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,

    Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
    Some new updates are also posted for donor members only.




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  • dilbert_cal
    03-31 11:00 PM
    Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?

    Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.

    And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.

    If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.




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  • aat0995
    09-23 01:24 PM
    Soft LUD for me. It was so soft that it didnt even update the date.
    New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case

    And how to you differentiate between soft lud and very soft lud?:o



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  • EndRetro
    04-19 09:27 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?

    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.




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  • KabAyegaMeraGc
    10-22 01:07 PM
    Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...



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  • zoooom
    10-26 04:51 PM
    Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.




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  • Lasantha
    07-05 10:45 AM
    Hey Gurus,

    What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.

    What do you guys think about that? Thanks.

    I am no guru BUT ....
    It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.

    What do you think about EB3 ROW ?



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  • Queen Josephine
    June 13th, 2005, 09:33 AM
    Dave, I'm sure our macro enthusiasts will respond to your technical questions. I just want to say superb shots and hope to see more of your work! There are a lot of really great macro shots on dphoto (something I have not mastered, but admire tremendously). The detail is incredible in your shots!




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  • Uncertain
    04-28 03:53 PM
    Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
    But shouldnt this make EB3 India go faster?
    Then why do we see slow movement in EB3 India?



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  • mangelschots
    07-16 01:33 AM
    Is yours EB2?


    EB3 ROW
    PD March 2004
    I-140 filed Dec 2006
    I-485 filed June 25 07


    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
    Will have to wait another 2 weeks to know the facts.

    What happens on these dates (Jul 18 for Nebraska) ?




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  • gparr
    July 18th, 2004, 07:41 AM
    My apologies if everyone is sick of looking at my flower images. This bloom is from what we call spider plants. They're a unique very open bloom with just a few petals and long stamens/anthers. Separating out one bloom and getting enough DOF proved very difficult to impossible. Would appreciate any suggestions.
    Gary

    http://www.dphoto.us/forumphotos/data/500/153spiderplant2.jpg

    http://www.dphoto.us/forumphotos/data/500/153spiderplant.jpg



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  • gunabcd
    07-16 02:30 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
    You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.




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  • sri1309
    10-23 07:08 PM
    Thanks guys,

    One more related question.
    If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1



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  • RollingStone12
    04-25 02:42 PM
    I live here b4ecause of the country not the PEOPLE who are all mainly A HOLETTES like you

    Tell the same to ICE...they will be happy to parcel you along with your son




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  • rajuseattle
    08-12 08:35 PM
    Sab,

    If you do the paper file for which you submit all the initial evidence and supporting docs, you dont need to do finger printing.

    but if you do e-file then you will have to go for finger printing.

    Anytime you do your finger printing it is valid for about 15 months.

    For me too I gave my finger prints in Nov 2007, but still USCIS sent me FP notification for code2 Finger printing.

    by the way USCIS's RFE for me turn out to be that they dont have my code-2 finger prints in their system, so they need to know the details about my FP appointment and what's the schedule.

    USCIS processing is really goofed up for e-filed applicants.

    This is my personal expereince and their are lot of other folks who filed around the same time frame are facing the RFEs for fingerprints.

    anyways i am going to respond to my RFE once i complete my biometrics on august 22nd 2008, by that time i will have the acknowledgement from the Seattle, ASC that they indeed complete my code-2 FP for the EAD purpose.

    If you do paper based EAD renewal, you will receive EAD cards but it says fingerprints not available. As long as your employer is accepting the EAD cards it doesnt matter wether its with fingerprints or without fingerrints.

    I hope this helps.



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  • chanduv23
    07-17 10:39 AM
    Thank you Ganguteli and Elaine for your responses.

    It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.

    Thank you once again for your replies.

    Congrats - there was no need to go through this. Unfortunately the system has been this way and in some way or the other most of us get into these situations.




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  • anilsal
    07-22 05:49 PM
    from the regional Passport Office? They probably issue a standard PCC.

    I think the idea is a certificate that says that you do not have any criminal record.




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  • hebbar77
    09-10 12:28 PM
    MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.

    Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.

    Now I am eagerly awaiting my approval (primary + 2 Dependents).

    My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.

    If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.

    My case looks same as urs! thanks for writing.
    I just hung up with USCIS before I read this.
    first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!




    satyasaich
    07-12 06:14 PM
    that the new 140 gets approved(for which i have no doubt) with old priority date.
    then go ahead for 485.
    the only point here is to play SAFE, and try to be on H1 until the new 140 is approved


    Will this be same if you are with same employer??

    I mean
    Having PD 2003 Jan - EB3 - approved 140
    Can this be used to file new I 485 with NEW PERM LABR - EB2??
    does EB2 140 needs to be approved ??




    amsgc
    06-20 12:57 AM
    my knowledge is also limited...
    but from my J1 days this is what i understood:

    J1 is NOT a dual intent visa.
    All J1 have some requirements to fulfill before applying for GC
    For physicians it is a 2 yr Home requirement OR underserved area practice
    For researchers etc a No objection is needed from the home country for a waiver
    Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
    Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

    hope that's helpful.

    That helps, Paskal. Thank you for sharing your thoughts.

    Regards

    Ams



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