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  • MeraNaamJoker
    09-17 10:35 AM
    It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.

    Imagine if everyone uses bold font:mad:

    Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.




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  • deepakjain
    02-24 11:19 AM
    I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.

    My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.

    Best of Luck,
    Deepak

    This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....


    Dear Sir/Madam,



    This is to inform you that the administrative process for your US non-immigrant visa application has been completed.



    You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.


    Please carry a copy of this email for ready reference.

    Thank you
    Regards
    Mumbai NIV / AO




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  • doubleyou
    05-20 08:11 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).




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  • immi2006
    10-21 11:40 PM
    I do not think so, even though you have two application , there will be only 1 A# for each applicant.

    We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

    We did not apply for EAD and AP, through my wife. I applied from my side for both of us.



    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,



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  • gk_2000
    01-26 03:15 PM
    A correction: it's grassroots, not grass-root




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  • Kodi
    10-17 12:48 PM
    Same main code as in the first 2 digits?

    Does 13-2011.02 and 13-2011.01 the same main code?



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  • Ann Ruben
    07-06 06:04 PM
    Hi Raj,
    "as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."


    Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.

    Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.

    "In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?"

    You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.

    Ann




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  • TwinkleM
    07-15 02:04 AM
    Thank You sbmallik for your response.

    Attorneys, would appreciate your inputs on the above questions...

    Also,

    Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
    1) Would this be a problem in his GC journey?

    2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)

    3) Will he need to get out of the country while we file his H4 other then stamping?

    4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?

    Thanx in Advance



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  • johnnybhai
    05-15 11:26 AM
    Curious.




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  • yetanotherguyinline
    11-09 01:01 PM
    I have decent writing skills and can help.



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  • FinalGC
    01-13 03:02 PM
    Hello friends,

    This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?

    Thanks in advance

    kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005




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  • tabletpc
    05-28 12:02 PM
    Thanks Ramba, Thats greatly appreciated.

    In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???

    Just want to make sure I analyze all pros/cons before making a decision.

    Thanks ...



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  • Trinity79
    04-08 05:31 PM
    I am new here.Thanks I updated it .




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  • k_usa
    12-16 11:32 AM
    DMV people just look at the expiry date.

    As pending 485 do not have expiry date they won't accept it as status.

    We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.

    Lets make a list of DMVs not accepting pending 485 as valid form.



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  • cal97
    08-15 08:01 PM
    I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.

    This is what I know can be done:

    1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
    one case.

    2. File for a new I-140 for the older LC, wait for it to be approved and then
    file for substitution of I-140. Then the EB2 will get the older PD. This is the
    I-140 porting process that my attorney explained to me.

    3. File for I-140 and after approval file for CP.

    I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.

    Hope this helps.

    HI!

    I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

    Regards,

    USA2007




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  • nave_kum
    07-19 09:26 PM
    [QUOTE=srsrsr]Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj[/QUOTE

    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.



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  • chanduv23
    06-28 02:46 PM
    I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

    So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


    Thanks
    INeedAllGreen

    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right




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  • gc_dedo
    03-30 04:42 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
    It makes a difference for people who are porting from EB3 to EB2




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  • greenerpastures
    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.
    MScapbust,
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck




    maharshijb
    05-04 12:06 PM
    I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


    Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?




    dealsnet
    12-06 07:21 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks



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