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  • gc_chahiye
    07-23 03:54 PM
    Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?

    you can apply for jobs using EAD, when you join the company on the I-9 form note that you are on EAD and provide the details there.




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  • wandmaker
    08-18 08:58 AM
    Hello Gurus,

    Pl guide me and let me know my options for the below scenario...

    1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
    Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.

    2. My spouse : Primary applicant - EB3 (India), December 2003.


    As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)

    My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.

    Thanks in advance

    You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.




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  • Blog Feeds
    11-08 03:30 PM
    So is the economic downturn over already, if you look at the recent H1B filings it may well be the case. United States Citizenship and Immigration Services (USCIS) has updated its periodic count of FY2010 H-1B cap (http://www.h1b.biz/lawyer-attorney-1137085.html) filings, revealing that there has been a significant increase in the rate of filings during the month of October 2009. USCIS has stated that it has received a sufficient number of petitions to use all of the available 20,000 H-1B numbers that are reserved for individuals with advanced degrees from U.S. colleges or universities, which means that the "advanced degree" H-1B cap for FY2010 has been reached. H-1Bs for individuals with advanced degrees from U.S. colleges or universities can still be filed, but those petitions will now count toward the general H-1B cap of 65,000.

    Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.


    As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.


    While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.





    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)




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  • psaxena
    01-14 02:16 PM
    While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.



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  • abqguy
    08-19 01:39 PM
    Our travel doc is expiring in October 2010. My wife would like to travel in Sep and return in Nov/Dec timeframe and now we are waiting since mid July on the renewal. Airfares are already high this year for some reason and we can't make travel plans or book tickets until the last minute. Very frustrating. I remember last year my renewal got approved in less than a month, not sure whats the delay this year...How do we even go about contacting them to expedite?




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  • smartboy75
    08-25 05:33 PM
    thanks for the new sequence.

    I tried what u suggested but after entering the sequence number I tried pressing 3 midway but USCIS said invalid selection and said the call is being terminated.

    Boy they look really pissed.

    So much for customer service.



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  • kak1978
    06-10 08:14 AM
    Hi

    I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
    Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

    Company is really flexible with job description.

    Thanks in advance.

    I don't think it matters when the experience was acquired as long as it is related to the job description and it is verifiable. If for some reason those three years cannot be used, you can have a job requirement as something like MS in EE/CS + 0 years experience.




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  • humsuplou
    11-17 11:46 AM
    Thank you all for the advice and inputs!!



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  • ss1026
    06-22 08:08 PM
    Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?

    I asked this question to my lawyer and he said he would including info about both I-140's and they USCIS will chose one. I am not sure what it would depend on but my lawyer is knowledge and he said I would not to pick on. I believe I would get the earlier PD if the pending I-140 is approved




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  • okuzmin
    06-04 08:16 PM
    I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.



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  • jetflyer
    03-16 07:29 AM
    Thanks for the link, I was reading it and towards the end there was statement
    "When filing an MTR all evidence has to be submitted like, filing AC21 letter and record of delivery, proof of 180 days",
    to me it looks like filing AC-21 is MUST in case one need to go MTR route rather than optional, could expert or Chanduv23 please clarify?
    Please see the link.
    http://immigrationvoice.org/forum/blog.php?b=39




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  • siva143viji
    03-24 10:10 PM
    hi guys i need some help i send all my paper works lost friday. Is it true tht if tht paper work reaches them before 1st april they wont consider it. Do i have to send all the information again then. Please let me know it will be of great help



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  • akizdetz
    08-10 07:33 PM
    USCIS is just fooling with you. :D you are an eastern European, right?

    Hahaha, you're so funny! I guess you're the smart one from this forum, who thinks everybody loves your jokes! Grow up and get a job!




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  • suavesandeep
    11-14 10:57 AM
    485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.



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  • eb3bakra
    10-12 02:27 PM
    There wil be light at the end...




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  • The7zen
    02-02 04:46 PM
    Rayoflight,
    Thanks much for your quick reply, these is exactly what i was looking for...
    really appreciate it sir.

    -7Zen



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  • JazzByTheBay
    09-12 12:02 AM
    Just trying to do all I can... we're all in it together. :)

    jazz

    Thanks for the pictures and your blog.




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  • sri1973
    11-04 05:54 PM
    RD- 08/14/06
    ND - 10/06/07
    FP- 11/07/07

    These are both for my wife and me. Still waiting for EAD!!! :< Nebraska is the lowest of all. why??? I don't know. Keep us posted.
    Anybody out there with EAD's from Nebraska??
    Thanks for your time.




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  • vallabhu
    08-18 09:15 PM
    Thanks for your replies guys

    This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.




    graviyera
    03-08 12:00 PM
    You dont need transit visa if you are traveling thru frnankfurt (my 2 cents...just travelled in Lufthansa with expired visa but valid 797...no problems...however i heard it wld be a problem if it were United...so check with the airlines).....keep in mind that one might get stuck anywhere between 4 to 8 weeks if stuck in 221g administrative processing while getting stamping in India (in my case got passport and 797 in 23 days)....something to be aware of....my friend got stamping in india with only 6 months of 797 validity remaining....hope this helps




    immigal
    08-13 12:37 AM
    Can some senior members please answer my question? The previous answer does not help.



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