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  • mchokshi
    01-26 06:19 PM
    I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.

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  • rameshvaid
    09-16 03:12 PM

    To many bumps foR EB - 3..

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  • maverick80
    02-11 06:40 AM
    I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

    We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.

    This would be totally awesome coz I would love to work in some other country for a while.

    Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.

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  • chanduv23
    11-14 10:19 AM
    Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.

    Talk to a lawyer - to get a better understanding


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  • factoryman
    06-19 03:36 PM
    It is their error and mistake. There is no time to correct. So, officer should understand.

    becuase, his / her previous approval notices / I-94 copy on approval notice - the lower left part and I-94 the lower right part should have correct start and end dates. he can carry them.

    In my son's I-94, the one previous to the lat/latest one, his country of citizenship was notes as Oman (and not India). During the last renwal, it was corrected to India. My attorney placed a note.

    I went to Vancouver, BC in March 07 and got H1s stamped.

    Any other experiences. Please, take a moment and share.

    Hi all,

    This is for my friend who got his 3 year H1- B extension recently.
    He planned to visit India for stamping and already booked the air ticket + consulate appointment.

    But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
    Though the END date is correct, Is it going to cause any problem in his Visa stamping?
    He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.

    His lawyer says it is a very minor problem and will not affect the visa stamping.

    Please share any similar experiences / ideas.

    Thanks a lot

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  • anishNewbie
    09-02 02:41 PM
    Hey guys,

    I am new to all this completely. So please do help me out. I am sorry if it is a repost..

    My Qualification:
    Bachelor's Degree in Computer Eng
    Masters Degree in Computer Science
    Nationality: India

    Experience: 6 months (don't have docs to prove it though now..)

    I would like to file my GC under EB2.

    As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)

    I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??

    Are the other requirements of applying under EB2 ??

    So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.

    So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)

    So say for example, I would be applying under :

    OES/SOC Title: Computer Software Engineers, Applications
    Level 1 Wage: $30.42 hour - $63,274 year
    Level 2 Wage: $37.60 hour - $78,208 year
    Level 3 Wage: $44.79 hour - $93,163 year
    Level 4 Wage: $51.97 hour - $108,098 year
    GeoLevel: 1

    15-1031.00 Computer Software Engineers, Applications

    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
    O*Net� JobZone: 4
    Education & Training Code: 5-Bachelor's degree

    So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?

    I heard it should be a minimum of level 2, is it true ????????


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  • lahuja1
    01-24 03:39 PM
    The LCA was only filed last week (01/18)...

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  • usirit
    10-08 01:32 PM
    Thank you for the template... :)


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  • raysaikat
    07-31 07:21 PM
    Hello all,

    I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.

    My question is:

    1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).

    2: Would my F1 application cause my 485 to be denied or vice versa ?

    Thanks in advance

    Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?

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  • gcformeornot
    09-25 04:30 PM
    RFE....hard to say untill you receive physical RFE.

    I think this is your post too... Wow that was fast action form USCIS....


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  • rb_248
    09-10 06:14 PM
    Gurus....please share your thoughts.

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  • mk26
    12-05 03:27 PM
    Can my current company continue my GC even if I transfer my h1 and join another company?

    Priority date - May 2007
    I-140 Approved - Jun 2008

    Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.

    Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?


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  • dealsnet
    11-16 04:16 PM
    I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
    Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
    Any suggestions will be highly appreciated.

    What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.

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  • dilbert_cal
    05-07 01:12 PM
    OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.

    Internally, NSC or TSC will get ask for confirmation of your labor from DOL. Most of the times there are no issues. The biggest factor to begin with is that instead of being able to do Premium processing and get your 140 in 15 days, now you are looking at a period of 4-8 months in normal processing and there is nothing you can do to speed up the process.


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    02-13 04:39 PM
    I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.

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  • manderson
    10-17 12:29 PM
    I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.

    Lincoln Stone in LA,
    Bob Gaffney in SF,

    can u tell me more about this Seattle City investment? u can PM me if u want.


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  • iman.karta
    12-27 04:02 PM
    Hi all,

    I do have a worry about I140 processing and I hope somebody can help me.
    I finally got my LC approved and now in the concurrent I140 and I485 filling process.
    However, I noticed that there is a minor mistake in filling on my ETA9089.

    My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
    Now I am worried sick that they will deny my I-140.

    Any inputs anybody?

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  • bestia
    12-27 10:35 PM
    Hey all,

    I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?

    If so which ones?

    They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?

    Plz help.

    You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.

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  • Leo07
    11-30 05:58 PM
    People at the airports( I assume the same for checkpoints) care more about what's the date on the stamp and if you have a valid H1-B to support.

    In my case, I had a company A's H1-B Visa stamping(Still valid at that time) and Company B's H1B papers.
    Very rarely do they pull-over(it happened for me on a different occassion) and quiz you.

    I believe when you say you are abandoning H1-B you are abandoning the petetion and not the Visa.

    04-30 03:05 PM
    Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
    thank you wandmaker.

    11-26 06:47 PM
    Yes, the number will be the same.
    Just want to confirm if both needs to be surrendered

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