Thursday, June 30, 2011

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  • morchu
    05-27 06:56 PM
    What I understand is that, your spouse can apply for H1, but not "change of status" while on EAD/adjustee. The establishment of H1 status for your spouse is possible only via an entry using H1 visa.

    So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.

    Anyway, it may not worth all this pain, since she can continue using EAD.

    Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?




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  • andycool
    05-18 10:35 AM
    Friends:

    Two weeks ago I received an RFE for my E-Filed I-131 Advance Parole.
    They requested two passport-style Photos but didn't mention where to send the RFE response.
    However, on the top right-corner (next to the US Dept. Homeland security Logo) on the RFE page, there is an address (P.O Box 852381 Mesquite, Texas 75185-2381).

    Underneath of the Director signature it has Officer # 159.

    I'm really confused
    1. Which address to send the RFE response?
    2. Attention to what??? (Should I put Attn: to this officer # 159)

    Please guide me ASAP...

    hello,

    I got a ref for E filed EAD too , but they sent a yellow sheet which had address on that
    and specifically said to keep that sheet on top when i send the photos.
    the address you mentioned is what i sent my ref to .
    Hope this helps

    Thanks




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  • CantLeaveAmerica
    04-09 01:08 PM
    I dont think it is mandatory..please look at this:
    Employmentbased
    Criteria
    The adjudicating officer must determine whether the employment-based
    I-485 meets waiver of interview criteria set forth below.
    Employment-based:
    � The principal applicant is employed by the same petitioner who submitted
    the approved underlying employment-based visa petition.
    � The principal applicant has been interviewed in the course of an
    investigation or field examination, and the adjudicating examiner
    determines that further interview of the applicant is unnecessary.
    � The principal applicant has been approved as an alien of extraordinary
    ability or alien of exceptional ability and is otherwise eligible for
    adjustment of status.
    � The principal applicant has been approved as an outstanding professor or
    researcher, or a multinational executive/manager and has a continuing
    offer of employment from the same petitioner who submitted the
    underlying approved petition.
    � Adjustment applicants who received national interest waivers based on
    performing primary medical care to a medically under-served area must
    demonstrate that they intend to continue according to the terms and
    conditions of the underlying petition.
    Other:
    � Sufficient evidence is contained in the record to support a denial of the
    adjustment of status application. For example, if an I-485 that should
    have been rejected at Visa Screening/INS Review was accepted in error, a
    denial would be processed by the adjudicating officer.




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  • dealsnet
    12-17 12:43 PM
    Usually I-485 processing time is 6-9 months. If your PD is current and filed before March 26 2009, you can call and find out your petition status.

    I-485, EB visa processing time for TSC is showing as Mar 26 2009. is it going to be true or typo?



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  • h1techSlave
    03-28 09:48 AM
    It is crystal clear that EB3-India is in for a very long ride. :eek:




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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.

    Parth



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  • fastergcwanted
    06-17 10:28 AM
    First of all, congrats to everyone in the final stages of this tedious and frustrating process.

    I have a question for people who filed I-140 and I-485 concurrently and got their receipt numbers.

    I have gotten receipt numbers for my concurrently filed I-485 and I-765 as I paid for them (PD April 2003, I-140/I-485 filed at NSC). I do not have receipt for I-140 after more than 2 weeks. My employer is not giving me receipt number for I-140 as he may be wanting more money from me. Now, I have read in a forum that I-140 when applied concurrently should have receipt number very close to I-485 receipt number and normally I-140 receipt number is less than I-485 receipt number (i.e. if I-485's last four digits are 4600 then last 4 for I-140 number will be lower than 4600 and close to it. So, in theory I can scan numbers prior to mine and find closer ones for the same date and track them.

    If you can please check your numbers and tell me if your I-140 number is before your I-485 number and how close they are to each other, I would really appreciate it.

    Thanks in advance.




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  • senk1s
    10-15 05:02 PM
    your company needs to maintain an HR file with I9 for all employees (including US citizens)



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  • RandyK
    11-08 10:28 AM
    http://immigrationvoice.org/forum/showthread.php?t=14985




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  • sampath21
    06-25 08:52 AM
    Hi All,

    Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.

    Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.

    Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).

    I have no idea how to go about this, can you please advice how to present my case.

    Thanks,
    Sampath.



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  • FredG
    May 20th, 2004, 06:20 PM
    agree with the intrigue. might be more readily apparent if more of the foreground were included. but maybe the mystery is part of it. it held my attention til i figured it out too.




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  • hibworker
    11-22 05:50 PM
    If PERM is pending for over a year, then the new employer can apply for H1 extension for 1 year. This whole PERM process will have to re-started with the new employer.

    Since this is a unique case, you should check with an attorney.



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  • sweet_jungle
    03-04 11:03 PM
    I came to the US on F1 for MS and then trasferred to another college to pursue my PhD. During this time my F1 visa expired, but I am maintaining my legal status as my I-20 is valid. I got married last year and my wife who originally came on F1, is now on H1.
    I am going to planning to go to India in end of April and need to renew my F1 visa. What are the chances of my renewal getting refused, due to my wife's H1 (dual intention) status? What documents if any, can I show in order to prove that I have intentions to come back to the US?
    I need to get a visa interview date soon, so please reply as soon as is convenient.

    Thanks in advance!

    Should not be a problem. just keep some property docs.
    Worst case, they will give you H4 visa. Once you enter on H4, you can file I-539 to change from H4 to F1.




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  • dilbert_cal
    09-28 09:20 PM
    I'm a mechanical engineering and also have an MBA degree.
    I work as a support engineer.
    My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.

    Is this true?
    Can I not file in EB2?

    It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )

    If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.



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  • sounakc
    05-25 10:49 AM
    thanks for your valuable response.

    regards

    sounak




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  • gcformeornot
    09-30 08:22 PM
    not possible. Many documents in first 2 phases are companies. Its is illegal if employee is involved Labor process in any way.

    Find someone who will file H1 for you next year and apply for GC....



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  • kirupa
    02-21 02:28 AM
    Hi ajmal!
    It is not possible currently to get the full height of your entire image composition.

    Cheers!
    Kirupa




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  • glosrfc
    10-18 07:53 PM
    Whoops! Sorry, Mr K...guess I got a bit carried away creating themes instead of a single button. Trouble is, I can then never decide which of them I like the best!

    Thanks for the comments as well, folks.




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  • fasterthanlight�
    05-09 12:09 PM
    Well, the second one could be anything, but when placed next to the first one it made sense.




    Legal
    07-27 11:00 AM
    Bob Novak is a republican spin master. I wouldn't believe him..
    this could be an attempt to "energize" the republican base.
    My understanding is most ditricts are safe i.e redistricted along
    racial , ethnic lines such that it is difficult to lose.




    meridiani.planum
    05-04 08:22 PM
    Yours will be EB1C. You can expect to get GC in 1-2 years.

    If i-140 premium processing comes back, then typically within an year. (know of 2 people who got done within 8 months... EB1-India). Right now the I-140 is going to take the longest time..



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  • txh1b
    08-18 09:21 AM
    As both the I-94 that you got with the I797 and the white I-94 that you surrendered are with the same number, it does not really matter as the arrival record associated with the I-94# would have been closed with the departure record submitted by the white I-94 card when you left the country.

    You can send the I-94 card tothe London, KY address to be sure. AFAIK, if the I-94 with the same number was turned in, you are fine.




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  • ramesh10
    08-29 02:01 PM
    User,
    You need only AOS receipt, when you travel outside
    So dont worry about EAD and AP receipts as you will get EAD Card and AP Doc directly to your address

    So just ask AOS receipt saying you are planning for travel




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  • mrsr
    06-25 12:20 PM
    thank you all , most of the answer say same , but if anyone can confirm with attorney wit wud be great .

    thanks




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  • sideeque
    12-15 04:26 PM
    Thanks for the responses.



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  • arnab221
    03-19 03:41 PM
    They said that they were hoping that they would be able to introduce something this month , but the refuse to confirm anything . They said that the bill was still being amended and refused to give any time frame .:mad:




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  • gc_maine2
    08-03 07:22 AM
    I am now applying for AP renewal this week, Thats exactly my conclusions from the instructions. There are lot of experts in the forum, who can give you a right answer.


    Hi,

    I am currently in India.

    My Status:
    Jobless
    AP expires on August 10th 2010. Applied for AP extension since April 30th 2010. My AP extension hasn't arrived yet.

    Question:
    There is no way I can travel back to US before August 10th. As per what I heard, a newly issued AP cannot be used to reenter the U.S. if it was not valid as of the date of departure form the U.S. IS this correct?

    thanks!



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  • guchi472000
    11-24 10:17 AM
    How long does it take for the extension? I applied in Aug 17.




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  • kiran8376
    09-08 11:51 AM
    My employer did it himself, he did not use the lawyer.



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  • munnu77
    04-05 02:34 PM
    Hi all,

    My insurance company (Progressive) is charging a ridiculously high rate for liability only insurance for my H4 spouse who currently holds a valid permit. They say the rate will go further up when she gets a perm license after passing the road test.

    I have heard this issue from other H1Bs who have different insurance carriers than mine.

    Have you guys found a cheaper alternative? Insurance agents etc??

    gchopes

    i dont think tht has anything to do with ur/her status..u will have the same quote if ur a citizen of usa..it depends on things like ur/her crdit history, age driving history etc




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  • sjhugoose
    February 12th, 2004, 11:26 AM
    :mad: :mad: :mad:

    Well-thanks-I-just-recently-sold-my Minolta-gear-and-switched-to Canon!!!

    :mad: :mad: :mad:


    But I'm actually very happy I did! :)


    I would not be too upset, they are say this fall :(

    And you would not have all the great images!!

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  • dealsnet
    07-13 10:45 AM
    STATUS:

    AOS - ADJUSTMENT OF STATUS.

    Filed for GC (permanent residence), and waiting for it. (explanation)


    I have just signed a contract to buy a new home.
    The first step is to be eligible for mortgage.

    During an interview with mortgage counsellor, she asked my visa status.
    I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
    But she did not understand it. She only understands H1 or GreenCard.

    I am not on H1 since I changed my employer and it expires this October.
    I have also travelled on Advanced parole.
    Recent EAD is good until 2010.

    Can anyone help?




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  • milindt
    03-11 11:54 PM
    My in-laws came to visit us on vistor visa(B1/B2) .
    They got 6 month of stay in their I-94.
    My father-in-law left US 2 day's before I -94 expiry but with my mother-in-law's I-94. Before he left I applied for the extension of stay(I539) for my Mother-in-law.
    Her I-539 got denied stating the person has already left.
    Now in my mother-in-law's passport we have my father-in-law's I-94. So actually at the port of entry the officer switched the I-94's.
    Now the question is now how to handle the denial of extension for mother-in-law and get new I-94? and what to do with father-in-law's I-94.



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  • npk445
    09-15 07:58 PM
    i'm above 21yrs old and on f1 status ..my question is

    My sister is citizen here and can file family based GC (to get it would take 10yrs miin)
    1)for me to maintain legal status i have to move into h1 status later on..will the Family GC process affect in any way to get h1 later on?

    2)Do i have a chance to file GC later on under EB2,or are 2 GC applications not accepted(just curious)

    Please post your thoughts attorneys

    Thanks!!




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  • prioritydate
    08-14 08:09 PM
    I was just wondering if they stall the 485 processing once they issue an RFE on EAD. Would they hold the case in abeyance or are these two mutually exclusive.
    Btw, am not sure of the reason for RFE yet.

    Has anyone had their 485 approved with an RFE pending on EAD or AP?

    EB2-I
    PD: June 2004
    I140 Approved: Aug 2006
    485 RD: July 26, 2007
    RFE on EAD: Aug 6, 2008


    What's RFE about?



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  • gc_chahiye
    06-14 09:47 AM
    ---I'm only talking in regards to FY-2007 in light of current development.---

    Now that everything is current there would not be any need to per country quota. CORRECT?
    Or since EB3 other is not current ("U") they cannot use AC21?

    they have hinted retrogression in Sept for China, India, etc

    Now if there is no per country quota, how can they retrogress EB for China, India, or any other country unless EB3 ROW is not current?

    So unless they retrogress ROW, logically they should not retrogress at least EB2 for India, China and other countries

    correct. Which means, come September EB3-ROW is also going to get retrogressed. probably to where it is now.




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  • chandrajp
    08-15 11:13 AM
    I am in MD and 140- is already approved, 485 filed on 12th July at Nebraska, where to file EAD and 131. ?
    If you have the receipt notice of I485, then find out the A# from it. Then apply for EAD and AP online( you need to fill A# at one place in both EAD and AP forms online). They can be applied together(online) but I don't know about applying by mail as I always applied for EAD and AP online.



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  • mantagon
    07-13 04:38 PM
    This is what I told my bank and they accepted it without any questions.

    STATUS:

    AOS - ADJUSTMENT OF STATUS.

    Filed for GC (permanent residence), and waiting for it. (explanation)




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  • Euinox
    05-20 01:10 PM
    I came to US in 2009 March (on H4 Visa) ,
    I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

    Now I am on H4 till date.

    I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

    Now I have inquired some other place and gone through different forums to get answer.
    Here is the query,
    If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

    What kind of H1B petition I need to file and when it will get approved?
    Will this be a fresh H1B petition or something different?
    Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

    Please help me in this issue. I will really appreciate your help.

    Any document/ link which shares light to similar issue is really helpful for me.




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  • WeShallOvercome
    08-03 12:38 PM
    I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?


    If you signed G-28 : Only lawyer
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    danu
    11-12 03:38 PM
    Thanks GCwaitforever.

    Let me send my petiton case to Ombudsman..

    Has anyone have got any exp with submitting case to Ombudsman and got any resolution..




    GCBy3000
    01-10 10:06 AM
    Can we make use of this town hall meeting? Any Idea?


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  • paskal
    09-04 05:50 PM
    Jaime:

    Eagerly waiting for your profile to change to YES for the rally!

    :D




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  • georgecombey
    04-27 11:36 AM
    Because of fraud, terrorists are able to infiltrate the US.




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  • RadioactveChimp
    04-09 03:12 AM
    it needs a magnifying glass with a distorted view :)


    btw DJN, I like a respect you already lol kudos to you




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  • SunnySurya
    07-27 01:49 PM
    WandMaker,
    Thanks for ur answer. I saw case posted by Loti_GC and his did not seem to be the case of two different I-140. That what got me concerned. When I called USCIS they declined to reveal this information,
    EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.



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  • Ann Ruben
    07-19 07:58 PM
    Any significant absence from the US can lead to a finding that one has abandoned permanent resident status. Such determinations are very fact specific. It is a commonly held myth that merely entering the US once a year is sufficient to maintain GC status. If you forsee spending significant time out of the US, you should take steps to protect your GC, such as filing for a re-entry permit. You should also consider maintaining ties to a home in the US.




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  • oliTwist
    12-09 07:28 AM
    Hi All,

    I have a strange issue, paining me since I have joined this new company, ( I am using AC21, since I am on EAD and AC21 is not yet filed). I am one of those unlucky fellows with really long name(First Name) stuck on my passport, and I have been using this all along, as my legal name while applying for visa/485 related activities. However, I go by the last part of the First Name and so all my other records here (like DL, SSN card, Bank Accounts, 401K account, etc) have got the last part of the First Name as my first name.My H1-B visa had the complete first name printed on it, and so I have been thinking, people could see that the name I have been using is in the last part of the complete First Name on the Visa and Passport.

    However, in the EAD card, the name got cut(or incomplete) as the entire first name could not be printed on it. When I showed this to the new employer, they are using the name as displayed on the EAD card(which is not what I go by) in all the accounts they are establishing, like Paycheck, 401K info, ESPP etc.

    Now I am in a soup, I have requested them to use the last part of the first name, which they are chcking with their immigration lawyers. But in the meanwhile, I want to know, does any one has this kind of problem. What should we do if the name is incomplete on the printed EAD card? (Ofcourse once I get GC, I would rather change this damn name)

    Any one has any ideas?

    Thanks
    :mad:



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  • vvicky72
    12-10 07:53 PM
    Does anyone know if we need any special visa for working in Canada if you have a US GC?




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  • vsoni
    03-08 11:57 AM
    My company would like to send me France on business.
    But My H1 visa expired Jan 2006.
    I got H1 approval up 2009 but passport is not stamped.

    My lawyer told me that I can go to Paris (France) and visa stamped.
    I am not sure France consulate will issue me visa to enter France.

    Any comments and any input?



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  • Kristen robert pattinson


  • transpass
    09-28 12:51 PM
    does anyone have latest receipting update?




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  • GCAmigo
    02-08 07:22 AM
    Please go back to your parents.

    ~GCA



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  • ROBERT PATTINSON, KRISTEN


  • Pasquale
    04-01 04:50 PM
    can I be batman?




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  • BMS1
    11-01 09:57 AM
    If you file the extension before expiry of the current I-94, you will be OK. It can be approved even after the expiry. She will be considered to be legally present without gap, if extension is granted.



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  • Robert Pattinson and Kristen


  • ps57002
    03-02 11:22 AM
    anyone know????




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  • RadioactveChimp
    05-09 07:52 PM
    oh i thought it was going to be half a picture of fiddy cent....guess not :huh:



    :lol:



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  • veni001
    05-11 05:39 PM
    Gurus,

    I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?

    Help is appreciated.
    Thanks

    Whether it is LCA for H1 or PERM labor for GC it is location specific, unless one filed(or able to file) AC21 after July '07 fiasco, you need to have labor to a specific job to the specific location you will be working.
    Either job or the location changes you need to start allover again, in some cases you can recapture (or port) your priority date.




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  • DJ_Prakash
    01-26 03:54 PM
    My wife is on H4 and she is studying Masters and we already have EAD. She would like to do Internship and she still has 6 months to graduation and my question is
    1) Is there any time restrictions for people to do internship (with GC based EAD)
    2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
    3) If Yes for question 2, then for how long after graduation she can be an intern

    Apreciate if someone can give feedback on this.

    Thanks in advance,
    Prakash



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  • snathan
    02-09 02:48 PM
    well if there's a way for you to get your approved labor certification doc, or even the copy of the filed labor application; then definitely get it.

    The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.

    good luck.

    Read it properly before you jump. When there is no I-485 filed, where is the AC21 coming into the picture.




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  • TO BE OR NO TO BE
    09-11 04:49 PM
    Busboy productions
    513 w 54th st
    new york, ny 10019
    (212) 468-1762




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  • chakdepatte
    11-08 04:12 PM
    i have a trip scheduled via dubai to bombay and back. Intend to stay for 3-4 days on my way to bombay as well as 3-4 days returning back. How do i get transit visas for both of these short term visits.

    Thanks
    Chakdpatte




    RadioactveChimp
    04-16 01:52 AM
    alright sorry man. I got an idea, why don't you make one with just link, that would be nice :thumb:




    vinki
    09-17 06:26 PM
    hi all !!
    my husband concurently file I-140 and I-485 (along with EAD and AP) on 22nd June 2007. We got our I-140 approved on 30th August. I have two questions

    1. When can i expect my EAD ?
    2. Is there any rule that i shud start working within some stipulated time after getting my EAD or i can take my own time ?