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  • tinamatthew
    07-18 03:50 PM
    Hello everyone and thank you IV for all your great work. Much appreciated.

    I have a (hopefully ) simple question:

    I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.

    That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?

    I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?

    Any info, tips would be greatly appreciated.



    My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.

    Thank you all once again!

    That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps





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  • vikasgarg24
    07-12 01:14 PM
    No USCIS can't do that. File suite and I am 100% sure you will won.

    I am not a lawyer but a CPA, know some of teh laws also.





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  • coolest_me
    07-10 02:30 PM
    Try in the early morning hours like 5 - 6 AM EST ....

    If any one of your parent can speak English then you can take the appt in English. I did it for my In-Laws and they got the visa.





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  • Immigration voice
    06-08 04:25 PM
    Any members in Iowa, please post here.
    Hi, Everyone,
    Any idea how long it takes to get 485 approved. I applied on EB1. My I-140 was approved in Jan07. Any idea about FBI check I mean Background check,Name check and other checks.....how much time it takes....
    And in case if it stck where it could be and how to check the status of that stuck??????????????/
    Can any one tell me how to check the status of my application or name chack with FBI.Where to call, whats the number and what to ask there etc etc....and other related questions


    I'll appreciate your suggestions and reply.
    Thanks,
    IA



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  • raysaikat
    03-01 03:08 PM
    I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.

    Here is my situation -
    1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
    2. I came back to India for good on 31st August 2008.
    3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.

    So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?

    If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.





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  • gcformeornot
    11-03 02:40 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    you lawyer or employer can contact...



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  • laksmi
    11-11 08:22 PM
    When the dates are current then only you can add your wife name to your pending 485, until then you have to wait based upon your priority dates EB1 or EB2, during this time you should maintain your H1B status inorder to keep you wife H4 status valid.

    presently EB2 ---- 01 JUN 03 and EB3 ----->01 OCT 01





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  • bigboy007
    04-07 12:17 AM
    There is tons of info on IV's Forums itself. But I think here are key things you might think about :

    Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...

    I had AOS though company A and holding my H1 which is expire in July 2010.

    I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.

    I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.

    JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.

    Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.



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  • speddi
    03-27 04:24 PM
    This one is for a nutritional clinical trial. I dont see any risks in this. Thank you for the information.





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  • a_yaja
    01-08 05:05 PM
    Frankly I don't know why people think that IT folks cannot qualify for EB2. Inspite of all changes done by DOL, people with 4yr degree + 5 years of exp. can qualify for EB2. If the company can make a good business case and can prove that there are other people (Permanent Residents/ Citizens) in the organization with 4yr degree + 5 years of exp. for same/ similar position, there should not be any issue for the getting an EB2 approved. As far as my knowledge goes, the requirements are set forth in law - that is not something that USCIS can change over night.

    True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.

    Just my 2cents.



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  • amindarshana
    11-30 11:17 AM
    Somebody please reply..

    Still waiting for receipt.





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  • hebbar77
    03-15 02:07 PM
    my 485 was filed abt 1.5 years back. 140 has been approved for more than 8 months too.
    So now if I want to change my job
    Using EAD , I know that job duties have to be similar.

    How about on H1b transfer? Does the job duties similar requirement hold good?
    Also anyone changing job on H1b , if ex-employer withdraws I-140, what kind of RFE does it generate?

    Thanks much!



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  • ras
    01-31 07:27 PM
    I am no expert but based on my understanding on this.

    1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.

    2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.

    3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))

    I am not sure there could be other ways, but these are some of the obvious ones.





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  • fide_champ
    02-19 09:26 PM
    I know the quota of h1b for 2007 applications start april 1st but is it possible to mail to INS before , or should the applications be postmarked april1st ?
    Thanks

    Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.



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  • samk32@gmail.com
    06-13 06:39 PM
    SBMallik thanks for the reply, as per your link it says,

    Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:

    Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;

    -- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.

    Pls. advice

    Thanks





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  • dummgelauft
    03-25 09:49 AM
    ..Wadhwa,...Dalmia...all desi names. Well, Anderson Cooper is american. But what I mean is that the authors of such articles and studies are almost always Indian origin people.
    While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
    Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.



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  • sg8228
    07-25 02:31 PM
    Hi,

    I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.

    Thanks in advance
    sg





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  • davidmaria
    06-24 05:43 PM
    Hi

    my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
    I am still working with my old company B .
    My question is Am i eligible to change company C
    without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
    Thanks,
    David





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  • sendmailtojk
    11-11 09:49 PM
    My son was > 21 years of age when my I-140 was applied (Aug 07). So I guess I can forget it.





    akgind
    09-25 12:30 PM
    For more info, go to Murhty link below, and scroll to the appropriate question.

    http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search





    srh1
    08-18 02:14 PM
    Thanks abhisam for your reply..

    The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.

    I dont know what this means????

    Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????



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