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  • Jipjap74
    04-15 10:59 AM
    Hi

    I concurrently filed both my I-140 and I-485 back in Oct 09. My I-140 was approved on March 18th and then nothing since. I read that by concurrent filing the process is quicker. I am on an EB1-C. My question is has anyone had any experience in the time frame for concurrent filing under the category i am under? I have checked the tracker and cannot see anyone in similar position. Time line is what i am looking for or is it a "wait and see" situation?
    Thanks





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  • gcseeker2002
    01-03 09:54 AM
    Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
    I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
    What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
    Thanks.





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  • Iammontoya
    05-29 12:30 PM
    you can control the camera... just use the same technique as you do with the rest. On the left panel, select the camera option and go to town!

    Good luck!

    As you start building more complex animations and objects, you will definitely want to move away to a different product. HOwever, the render engine is still awesome.

    So.. you could go to 3dmax with the Swift plugin.





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  • sameet
    02-14 10:01 AM
    My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

    From what I know, you can only have one 485 application pending at a timeeeeee. So your wife cannot file for 485 unless she withdraws the one filed under your labor.



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  • gcowboy09
    06-15 03:37 PM
    My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.

    1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?

    2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?

    3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?

    Any feedback is welcome. Thanks.





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  • speddi
    10-17 10:40 PM
    It is recommended to stay on H1 until 485 is approved.



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  • tammman
    12-13 02:22 AM
    If she has a valid L1 stamping in passport and she is still working for the employer she can enter without problems.
    Thankyou, for your response.





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  • Prashanthi
    09-04 01:49 PM
    Yes he can travel during the transfer, in order to file the transfer he will have to show latest paystubs from his previous H-1 employer or he has to show that he reported to work and was hired before he can file for a transfer. To file a transfer the USCIS charges $500 +$320+ $750 ($1500 if the petitioner has more than 25 employees).



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  • ItIsNotFunny
    10-31 11:31 AM
    Just gave you a treat = GREEN point

    but dont ask me if others give you a trick = RED point :)

    All I want is you send mails. That will be my biggest treat.





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  • GCLONGWAIT
    09-29 03:54 PM
    A background on my case. I have a valid H-1, stamped on my passport. Also, I have my GC in process for 4.5 yrs. My husband was on pending I-485 & working on EAD. In may 2010, my pending I-140 was denied and then appealed. And following that, both mine & my husband's I-485 was denied after 2 months. Our lawyer did file MTR within 30 days of I-485 denial and its still pending:

    Questions:
    1) Can my husband apply for H-4 by being within USA or he has to leave the country?
    2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
    3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
    4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?


    Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.

    Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated



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  • abhijitp
    02-11 10:37 AM
    Thanks wandmaker and solaris27!





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  • shishya
    04-30 11:18 AM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.



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  • wandmaker
    04-07 11:47 AM
    Hi,

    May be a dumb question, but i would like to know how to proceed from here..

    I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??

    My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??


    True, Your attorney is correct.





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  • rahulpaper
    09-22 11:25 AM
    Yes..you can apply for AP. It is the only way you can reenter into US. I applied for my F1 (spouse) too.

    Yes you can write that same reason for the AP appplication.

    BTW your F1 is not valid anymore since you showed immigration intent. You are still legal status. If you have Tuition waver/ Stipend or oncampus job...you should also apply for EAD so that you can continue to earn money.

    DO check with International office in your university.

    I want to apply for AP but I'm not sure if I qualify and I don't want to get rejected as I cannot afford to lose the money. I am here on F-1 visa and got married and subsequently have applied for I-485 and got receipt for it.
    1. Can I apply for advanced parole?
    2. I want to go home and visit family and/or have AP in case I need to leave. Is this a valid reason? Is this what I write as my reason on form?
    Thanks.



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  • sivananda
    03-30 12:30 PM
    Hi,
    My first 3 year of H-1 is about to expire in October 2009.

    My employer is planning to apply for extension by premium processing in the next few weeks.

    My question:
    What if the H1 extension is rejected? Am I considered to be in legal status till October? I hope the original H1 is still in good position till October even though if my employer filing of extension is rejected.

    Please help with your answers.

    Thanks a lot.





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  • willIWill
    06-08 03:00 PM
    I am bumping this poll up again so that it gets more visibility now as many folks are trying to check for VB updates.

    I believe there are a chunk of folks in option number '3' or '4'. This poll may help to understand how significant the numbers are. Also if anyone in that boat, add your inputs.



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  • cooolvick
    08-14 03:23 PM
    Thanks for the reply.

    Is it ok to recapture the old priority date which was in EB3 category in current I140 (EB2 category)?

    Will it affect the I140 approval anyways?

    Vikram





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  • mhtanim
    10-04 03:13 AM
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?

    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:

    This is what USCIS has officially announced. However, this does not address to your concern clearly (it does not say USCIS will reject any I-485 application filed in any other service center other than NSC or TSC). Anybody has any further information on the original question?





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  • belmontboy
    08-13 12:06 PM
    I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?

    thanks

    If its subway or any other franchise restaurant, then yes you can.
    if its another blood sucking desi consultancy exploiting people, then No. You can never change your field of interest.

    :D





    jv101
    02-10 01:17 PM
    Hi All,
    My online status for I-140 petition comes up with this weird status.

    Your Current Case Status for Form I140, IMMIGRANT PETITION FOR ALIEN WORKER
    Current Status: Document mailed to applicant.

    On Feburary 7th, 2011 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.



    Any idea what this could be?
    Please share your thoughts.

    Thanks in advance!!
    JV





    up_guy
    02-21 09:15 PM
    I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
    I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.



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