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  • devd
    12-09 12:55 PM
    My Scenario

    -> I entered country on B1 and I applied for H1 through other employer. H1 got approved but change of status is denied as i left the country while petition was with USCIS.

    -> I entered country on B1 again with new employer who applied my H1. My I94 validity ended on October 24th and we applied for extension due to some show stopper. Application is still in process.

    Here are my questions -

    1. Can i apply for change of status now or do i need to go back to India?

    2. Now that i applied for extension, if i go for stamping at India immediately, will it be positive? Just because, i stayed for almost around 8 months in US this year. I was just wondering, will they reject it raising doubts on my intent? No one can decide on it, but what are the chances?

    3. Staying in Canada on work permit for 6 months and then leaving to India for 3 months and then go for stamping, is this a better option?

    Thanks in advance.





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  • sgupta33
    09-10 09:00 AM
    You can port to a new employer after your 485 has been pending for six months (from the date USCIS recieved your application). See IV threads on portability for more information.





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  • ark_ari
    10-18 12:30 PM
    yes u can do any place in us





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  • ram006
    07-16 09:01 PM
    Hi,
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


    My main concern is on her status, any input will be greatly appreciated.

    Thank you.



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  • sudhakar_p_v
    05-03 12:05 AM
    Thanks Dhundhun.
    To be clear When you say "packets" should i put them within two envelopes?
    I was planning on just putting the documents(application and supporting docs) bound by paper clips.
    sorry if its a dumb question but this being my first time filing this wanted to be extra sure.





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  • Butters
    04-08 06:12 PM
    That's sweet, nice one :thumb:



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  • spdy_mn
    08-02 07:08 PM
    I googled it
    http://www.dhs.gov/xlibrary/assets/cisomb-rr-31-uscis-sop-02-0807.pdf

    It is dated Feb 08, 2007





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  • lkapildev
    01-16 02:28 AM
    My PD is not in this range. Mine is July-2001 kind of >= 2002.

    I have seen an ALIA observation on EB2 Retro. Trying to figureout how soon these Visa #'s for EB2 catagory is vanished. I will have an analysis from this will post here.

    This polls just captures two recent retors one for Jan & Other for Feb. I just pulled EB-2 dates from VB and thrown a random survey.



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  • Zee
    06-14 12:11 PM
    As per July bulletin it looks like it will be current till Aug 31st...

    Hi,
    I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???

    and also how many days or months does anyone think this PD will remain current..???

    Any suggestions will be appreciated...!!!





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  • go_getter007
    12-12 09:09 PM
    Good luck with whatever club you belong to.

    GG_007


    sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.



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  • vkotval
    04-03 01:34 PM
    I think you should be fine. Apart from this scenario on the other extreme you could start working for the new company with just the receipt number as well. You dont need to wait for the approval to start working for the new company.
    Hello All,

    I am planning to start working for a new company starting June. I was wondering If I can start H1B visa transfer to the new company via premium processing(hopefully will get approved in 2-3 weeks) and continue to work for the current employer and get paid till the end of May, even the though the transfer would have been approved in the end of April.

    Thanks in advance.

    - Googlegc





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  • cps060
    01-31 04:28 PM
    If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?

    For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
    How long does it take to transfer status from H1B to H4 ?



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  • gccovet
    06-06 10:43 AM
    Hi,
    I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
    Thank you,
    John

    Like PMAT mentioned, I-539 is to be used, and you can do it by yourself, if you'd like. Download the latest form from http://www.uscis.gov/files/form/ (immigration forms).

    You will need, I-129, photocopy of your passport, your I-94 (current), Photocopy of Marriage certificate.

    HTH
    GCCovet





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  • snhn
    08-14 11:45 AM
    SO I have a question. I received my 45 day letter way back in Jan 2006. As of today, no action has been taken on my application. I have recentlly acquired the help of my congressmen to find out what the hold up is. I am waiting since Oct 2001.

    I have done a PERM and it has been approved, my I140 has been approved and now waiting for dates to become available. Here is my status as of yet.

    I am in my 8th year of h1. I will be applying for extention of my 9th year within a couple of months. I will use my I140 to get 3 years extension. SUppose my old labor is up, can I use my Perm advertisement for that. The job oppourtunity was same for PERM as it is for old labor. Will it be different advertisemtn. Those who have go that labors approved, what kind of advertisement does the DOL requires when its NON RIR. How long does that usually take.

    My company might be getting sold in the near future. So there is a possibility that I will loose my job. what are my options then. I only have 5 monts left on my 8th year H1b visa. Suppoe my extension is approved for 3 years base of my I140, before the company is sold. Can I transfer my H1b visa toanother compnay. what if it is in a different state.

    Can congressional inquiry help the process speed up a little bit.

    Anyone who has gone through this, your response will be appreciated.

    Thanks!



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  • _k_
    05-11 02:02 AM
    I came in US with my family when I was 15-16, back then we were on L2, then as time passed by we switched to H4. Then I turned 21 so I had to go on Student Visa (F1). Still living in US legally.

    Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
    Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.


    thanks :)





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  • sertasheep
    06-17 12:58 PM
    NJ Members who are in the process of filing I-140s after May 2007, please write to sertasheep AT immigrationvoice.org (replace AT with @) with details, and a phone contact number, with the subject line "NJ member, filing I-140 after May 2007"



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  • ivuser9
    04-14 10:10 PM
    Gurus,
    I have received the following RFE.

    Please submit the oldest available evidence which establishes your birth and parentage. This evidence may include, but is not limited to:

    a. Hospital birth records which name the child and both parents.
    b. Medical records which name the child and both parents.
    c. School records which name the child and both parents.
    d. Census records which name the child and both parents.
    e. Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable rite occurred following the birth, showing the date and place of the child�s birth, the date of the religious ceremony, and the names of the child�s parents.

    I have submitted Date of Birth Certificate at the time of applying 485 which is dated in 2002.

    Ans:
    I am planning to submit notarized affidavits from my father and mother.

    SSC (10TH Certificate/Memo)

    Are these enough? What are the other options ? Please let me know your valuable thoughts..

    Thank you
    IVUSER





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  • sampath21
    06-25 08:52 AM
    Hi All,

    Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.

    Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.

    Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).

    I have no idea how to go about this, can you please advice how to present my case.

    Thanks,
    Sampath.





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  • funkycatspangky
    07-19 09:03 PM
    Thank you for all the quick replies.

    I understand that in october, they might bring up some issues regarding Legal Green Card application.

    One of them will be to clear the backlog for those who legally applied for the GC.

    Can some kind soul please give me information about this ?

    Does this applies to me or does it applies to the Employment based GC or GC application in general ?

    Thank you for your time.

    FunkyCat - Spangky





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    01-23 05:06 PM
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    06-09 11:11 AM
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