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  • roseball
    04-12 01:18 AM
    Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:

    -- labor certification is pending for 365 days ---(This is not applicable to you)

    -- I-140 is approved -- (You have a chance with this option)

    Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.

    Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.

    Good Luck..





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  • texanmom
    08-14 05:58 PM
    I do not believe the EAD and AP are tied to the priority date, especially if you have already filed the 485.

    Gurus- correct me if I am wrong.





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  • visaspirant
    10-21 11:50 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
    Thanks so much Elaine!
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.





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  • bayarea07
    03-20 05:44 PM
    Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)

    Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.




    I needed some advice on this situation I've found myself in.

    I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.

    Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.

    I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.

    I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.

    Please help!



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  • lskreddy
    12-11 02:24 PM
    Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.

    Can one apply for an EAD while they are out of the country?-NO

    Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY

    Can one travel when EAD is pending?-YES





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  • uslegals
    11-05 02:42 PM
    My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
    " Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?



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  • shreekhand
    05-16 09:18 AM
    Needs no signature and is mailed by regular first-class mail, in a simple small size white envelope without any USCIS markings.

    Most certainly you can have it mailed outside or have someone carry it for you outside the US. It is not a passport and US law does not prohibit mailing the GC internationally.





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  • gaz
    11-18 01:54 PM
    Thank you for the quick response.

    She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!

    Thanks again.




    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

    2) file a new labor and port her PD from the approved 140?
    A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
    A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

    Hope this helps.



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  • SmSm
    06-04 08:40 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV





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  • Blog Feeds
    07-03 05:50 PM
    DHS Leadership Journal Has Just Posted the Following:


    Guardians,

    http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg (http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg)
    Later today, I will be relieved as Commandant of the U.S. Coast Guard by Admiral Robert Papp. It has been an honor to serve as your Commandant for the past four years and I am confident in Admiral Papp's ability to lead the Service during a period of tremendous changes, challenges, and opportunities. The value of the U.S. Coast Guard (http://www.uscg.mil/) has never been greater than it is today and it is the men and women of our great Service who truly make it all possible.

    After the Change of Command ceremony, I will continue to serve as the National Incident Commander for the Gulf of Mexico oil spill for some period of time but I wanted to take this final opportunity to thank you for your tremendous commitment, dedication, and courage over the past four years.

    When I became the Commandant in 2006, I issued a number of orders that I thought were necessary to meet the challenges we faced then and set the conditions for future success. With your help we have accomplished a great deal. We transformed our acquisition process, enhanced our marine safety capability and capacity, created a new and more effective support structure for our Reserve Forces, stood up the Force Readiness Command and Deployable Operations Group, created the Maritime Enforcement Rating, and transformed our maintenance and logistics processes. At the same time we met operational challenges in piracy off the Horn of Africa, the tsunami in America Samoa, the earthquake in Haiti, and more recently the oil spill in the Gulf of Mexico. We accomplished all of that without losing focus on our broader mission set. We continued to interdict drugs and made major strides to eliminate the use of self propelled semi-submersibles. We deployed wireless biometric capability to significantly reduce illegal alien migration. At the same time we saved countless lives.

    In the last six years, we have also strengthened our relationships within the Department of Homeland Security. Through the completion of the first Quadrennial Homeland Security Review (http://www.dhs.gov/qhsr), we helped mature the Department and build the Nation's homeland security enterprise.

    In the process we enhanced our ties to the Department of Defense. We held unprecedented staff talks with the Navy, Air Force, Marines, Army Corps of Engineers and the National Guard Bureau. The Chief of Naval Operations, the Commandant of the Marine Corps and I cosigned "A Cooperative Strategy for 21st Century Seapower" and Naval Operating Concepts. We forged stronger bonds with our interagency partners in the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Maritime Administration, Drug Enforcement Administration, National Transportation Safety Board, and the Department of the Interior. Finally, we strengthened our international ties with our hemispheric partners and through the North Pacific Coast Guard Forum and North Atlantic Coast Guard Forum. Together, we raised the visibility of Coast Guard missions to our external stakeholders and our international partners.

    The common thread connecting each of these of initiatives and actions, and my overarching goal as Commandant, was for the Coast Guard to become more change-centric - to sense changes in our operational environment and have the courage to make course corrections before problems overwhelm us or we have terms dictated to us externally. To do that we must become more diverse, adapt to new technologies, and embrace social media as well. I believe we have become more change-centric and a learning organization that capitalizes on lessons learned. Nowhere has this been more evident than in our responses to the devastating earthquake in Haiti and in our leading role to the ongoing oil spill in the Gulf of Mexico. The world has seen the value of the U.S. Coast Guard in action. We protect, defend, and save America's maritime interests wherever they are at stake - that is the legacy you have left for our future Guardians to embrace.

    In spite of our operational successes, challenges remain. Our operations are not risk free and we have known the pain at the loss of shipmates from USCGC HEALY, MSST Anchorage, CG 6505, and CG 1705. Our promise to them is to prevent future accidents and insure we create the safest possible environment for our personnel. The Coast Guard will meet future challenges because of our multi-mission nature, bias for action, and the incredible talent and dedication of our people. As we look to the future, I encourage each of you to be insatiably curious, to be life-long learners, to look after your shipmates, and, finally, to seize every chance to apply your leadership skills, talent, and competencies when the opportunity presents itself.

    I am incredibly proud of all our active duty members, reservists, civilians and auxiliarists. No matter how fiercely the winds of change swirl around us, our people stabilize the Service. You are America's Maritime Guardians and your country needs you now more than ever. It has been my extraordinary honor to have been your Commandant and I am excited to see where you will take the organization in the future. Fair winds.

    Sincerely,
    Admiral Thad W. Allen

    Reposted from the U.S. Coast Guard's iCommandant (http://blog.uscg.dhs.gov/) blog. Published by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-1824635971714777308?l=journal.dhs.gov
    http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo)
    http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/RBHzjpmLkYI

    More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/RBHzjpmLkYI/commandants-change-of-command.html)



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  • AGC4ME
    02-12 10:06 AM
    I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.





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  • newbie2020
    05-18 08:18 PM
    For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.

    One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......

    If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application

    It is always better to consult a Good immigration lawyer for Professional Advise.



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  • glus
    05-06 12:50 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?

    Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.

    Best Regards,





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  • kirupa
    07-21 03:12 AM
    Well, I'm pretty biased since I work on the Expression Blend team :beam:

    Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.

    The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.

    Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P



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  • aj1234567
    01-22 10:41 PM
    Hi
    My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
    Thanks
    Aj





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  • Raj_345
    07-11 11:24 AM
    Thanks for the response raysaikat... the above information is definitely very helpful for me.

    As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.

    However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?

    Please advise.

    Thanks



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  • axp817
    05-15 08:27 PM
    The way things are looking right now, you will probably get US citizenship before Eb2 Feb'06 becomes current.





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  • vivid_bharti
    09-02 04:36 PM
    Sathya sai baba ???? You haven't known about his deeds, if you can find it read about great magician PC Sircar meeting him about 15 years ago. This is what PC said about him.
    "he's no godman, he's just a magician, not even a good magician, he should practice more".

    One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!





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  • life99f
    05-21 07:34 PM
    Support!!!!



    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy





    chanduv23
    09-14 11:54 AM
    Lou Dobbs And His Anti Immigrant Cronjies Already Spreading Roumors That Lot Of Immigrants From Countries Like India Are Illegal.

    Lets Shut Their Mouths.

    If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.





    alex99
    09-28 08:46 AM
    My Employer is paying for my Family GC Expenses (Myself, Wife, and Daughter). I have been working for him for the last 3 years. At the time of Filing my Labor, I have signed a letter (Just a letter on Company Letter Head) and faxed him the copy and the Original is with me. The letter says I have to pay back all the expenses for my GC if I leave the Employer before my GC approval time + 6 months.

    My priority date is July 2006 in EB3 and 485 was filed on July 3rd. Based on the current trend it might take another 4 to 5 years to get my GC. My employer pays me very less and is not willing to give any hike in near future.

    After 180 days (AC21), I want to change my employer. In the above scenario, can my present Employer sue me if I leave him? Please suggest�

    Thanks in advance,
    Ashok...



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