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  • mrajatish
    06-25 06:46 PM
    does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.

    is it true guys ??

    Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?




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  • Devils_Advocate
    05-07 01:10 AM
    As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.




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  • dngoyal
    08-17 02:45 PM
    I applied for 485/EAD/AP in the month of June'2007.
    I got the receipt and my finger printing is done.
    Now my EAD/AP?485 are in pending approval stage.

    At this time, I need to travel out of country for urgent reasons,

    how it will work.

    I have H1B stamped on my passport which is valid till March'2010.

    Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
    Please help.




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  • Jaime
    09-12 10:22 AM
    Putting a Face to the U.S. Reverse Brain Drain
    Real Life Cases

    Pablo

    A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.

    After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.



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  • vinabath
    03-17 04:30 PM
    1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
    2. you accept it and ask your employer to start the GC process.
    3. your employer applies for Labor Certification for the proffered position.
    4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140




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  • zephyrr
    05-22 09:40 AM
    my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.

    anyone been through this situation and has more details?

    thanks



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  • CRAZYMONK
    05-21 09:30 AM
    Your title doesn't effect your GC processing. It is your wish to accept any designation that you like. This is nothing to do with your GC.




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  • pady
    01-08 02:35 PM
    my pd IS Dec 2005 EB2, it is a 485 Interview



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  • devd
    09-11 04:17 PM
    Thanks for the reply,

    Can i call USCIS or it should only be attorney or some authorized persons?

    I agree, Online status is unreliable, but the recent update about undeliverable looks quite straight forward.




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  • vardinishankar
    04-02 06:48 PM
    What was your status in US during the gap?



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  • apb
    09-16 03:02 PM
    Still awaiting response even after opening SR.
    NSC service center




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  • kondur_007
    08-18 09:58 AM
    Here is my opinion:

    I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.

    First of all, I dont think this is a major deal. You can do one of the two things:

    1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).

    2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.

    I would personally go with option 1 if the nearby international airport is not too far.

    In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.

    Hope this helps. Good luck.



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  • n2b
    07-17 01:03 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.




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  • rsymonds
    08-04 06:36 PM
    Hi,

    Here is my current Status :

    I485 : Filed in July 2007
    PD : April 2006
    EAD : Valid till 27th August 2010 (filed for renewal last week)
    AP : Valid till Jan 22nd 2011
    H1B : Valid till Jan 22nd 2011

    My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)

    MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
    Will my H1 and EAD still be valid ? or will I lose one of them ?

    Please let me know. I do not want to take a wrong step since I am so close to getting my GC.

    RS



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  • solaris27
    12-05 11:45 AM
    Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".

    Dependent/spouse of a nonresident alien holding a U.S. visa


    Q2. what are the documents I need to submit with the W-7 form.
    IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

    National identification card (must show photo, name, current address, date of birth, and expiration date)
    U.S. driver's license
    Civil birth certificate
    Foreign driver's license
    U.S. state identification card
    Foreign voter's registration card
    U.S. military identification card
    Foreign military identification card
    Visa
    U.S. Citizenship and Immigration Services (USCIS) photo identification
    Medical records (dependents - under 14 years old only)
    School records (dependents and/or students - under 18 years old - only)


    Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.


    No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return

    Internal Revenue Service
    Austin Service Center
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342


    Q4. How much is the fee for the ITIN no.

    FREE




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  • 4yourforGC
    03-20 12:16 PM
    my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks



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  • ozz232
    09-07 04:46 PM
    I meant before I am out of status.
    Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
    Thanks a bunch.
    Oz




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  • jangolouis
    03-19 10:55 AM
    I went for H1B stamping, but i know a friend of mine went for F1 (PhD) extension and had to go through the same process. I called Dept. of State multiple times, dont expect a polite response. They may even say it may take years. Thats what they told me the day before i got the visa. Dont worry your wife will get the visa eventually. Tell her to enjoy India in the mean time like i did on my forced vacation.




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  • diptam
    06-05 06:23 PM
    They ask you to write A# or Alien# but not the Receipt Number.

    Check out the A# in 485/EAD/AP/140 - they should be ideally in synch. If not put the A# from the 485 application because that overrides everything and is still pending....

    Hi Guys,

    In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

    What number should we write? I-485 receipt number or receipt number for last EAD?

    Can someone please respond?

    Thanks




    ubaidu
    10-25 08:35 PM
    Folks,

    I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.

    Anybody has any experience with such a case? Any suggestions or ideas?

    What is the risk if I decide to take a chance ?

    Thanks a lot..
    Ub




    hpandey
    07-15 01:47 PM
    I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.

    There is not much risk in moving to EAD but I don't get why your employer wants to cancel an H1 which is valid till 2010. I have seen employers not wanting to extend an H1 if the employee has an EAD but going out of way to cancel a valid H1 seems extreme.

    Tell your employer to continue your employment on H1 until it expires and then they can start you on EAD. That would give you enough time to think of the PROs and CONS.

    A lot of people move to EAD ( don't renew H1 ) since it only costs more money for the company ( although it provides a small safety net in case your I-485 is in jeopardy somehow ). In my view it is very safe to move to EAD but again in your case I would ask the company to wait till 2010 for your current H1 to expire.



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