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  • perm2gc
    08-30 03:03 PM
    Please help me out here.

    I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.

    To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.

    I have following questions regarding my case:

    1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
    a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
    b. If no, is there any other alternative to use the EB1 I-140 priority dates?
    Your attorney is the best bet..Dont make decision of your future on message board as everyone are not well verse in every aspect of immigration.

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  • rs_nyuser
    12-14 08:13 PM

    Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.

    She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.

    Please help.
    Thanks in advance.

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  • jk999
    11-30 01:17 AM
    A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.

    He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.

    He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.

    Things to note:
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    Thank you

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  • cox
    January 31st, 2005, 08:31 PM
    I like the story, Freddy.


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  • GCWhru
    09-21 09:19 PM
    Case received and Pending is a usual status when case is pending.

    Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.

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  • GreenCardLegion
    04-20 12:28 AM
    You can use your eb3 EAD.

    But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.


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  • nychyd
    01-05 06:01 PM
    My H1B was filled 4 years back, with 20k less than what I am making as long as i making whatever i filed in H1, I should be fine..right ?

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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  • hara_patta_for_rico
    07-17 01:47 PM
    There is an on AILA titled...Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
    Does anyone know what it is about?


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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada ( because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision ( and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

    More... (

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  • Aura M.
    01-14 02:51 PM
    Good Afternoon:
    Quick question.
    I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
    Any one that all ready this step pls advised.
    -Do I need to fill out a Labor form again or just I-129 to USIC ???
    Thanks for any info.


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  • kumar1
    01-08 02:54 PM

    Nope ! EB-2 India

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  • deardar
    06-17 06:41 PM
    The Doctor's office will usually have it or else download it from the internet.
    You can fill it at the doctors office. Bring ur Passport to his office.


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  • surabhi
    06-03 09:54 AM
    I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!

    From Ron Gotcher

    He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.

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  • gparr
    May 19th, 2004, 01:19 PM
    Sorry, doesn't do much for me. Can you get the monitor with a game onscreen to reflect on the joystick in some way?
    I thought toys would be an easy one, but everything I've thought of seems so obvious and cliched. I think you have the right idea, just don't think this one is it.


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  • tkumar03
    07-01 04:12 PM

    I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.

    Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.

    Will it affect his GC and when will he get his GC?

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  • chintu25
    12-13 03:15 PM
    I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .

    Steps to take:
    Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site

    Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.

    If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well

    This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do

    CORE team please help and support.


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  • eilsoe
    10-20 02:33 PM
    YipYip! :P

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  • amar123
    11-24 05:03 PM
    Hi All,

    Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.

    I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:

    USCIS - Instructions for Electronically Filing Form I-131 ( D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
    If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.

    2.USCIS decides 1-131 is not eligible for fee waiver - - Asylum Law ( i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)

    The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.

    Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."


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  • chintu25
    08-16 02:37 PM
    I was in MI for a long time, so have called them up and have urged them to join IV.

    Hopefully they will make the right choice and do the right thing.

    Akhil Thanks for your efforts ...If possible please give me their emails so I may contact them or u can ask them to join michigan chapter by following the link in my signature

    02-13 10:53 AM
    Useful read:

    Save $50 a Day (and Feel No Pain)$50-a-Day-(and-Feel-No-Pain);_ylt=Asmo.fY6BYhkqPXOHSL7olQy0tIF

    Pappu, very good article. I saw this in this month's Kiplinger.

    A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!

    09-12 02:23 PM
    I think if you have a W2 for a job ... you did ... you need to list in G325A ...thats the info I got from legal when I filled the app

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