Thursday, June 30, 2011

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  • immig4me
    06-30 11:07 AM
    I am on an H-1 and my wife has an H-4 visa.
    We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
    We do not have an AP as we didn't renew it after the first one (from July 07) expired.
    We do have valid EAD�s (which we have not used until now)

    We have to travel urgently to India for some personal reasons in July 2010.
    What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?

    Thanks in advance.

    You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..




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  • sanju
    02-05 11:07 PM
    I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
    Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
    By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
    . help will be appreciated


    As far as I understand, your degree is not the only criteria to decide the SOC code for labor certification. SOC code depends on the combination of your education qualification and your experience in the relevant field. Every job has a minimum qualification. But the minimum education qualification doesn't describe the SOC code. If you meet the minimum education qualification, you could apply for that job, but then one has to meet the required experience required for the job. I guess the combination of experience in the relevant field and the minimum education qualification together weigh in to decide the SOC code. If your employer and your lawyer feel comfortable with Commercial & Industrial designer SOC CODE(27-1021), then it is Commercial & Industrial designer SOC CODE(27-1021). ;)

    All the Best!




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  • gcformewhen
    09-10 05:02 PM
    Hi,

    I got laidoff recently. My company is going to withdraw H1b. I have my 140 approved from same company and my 485 pending. I have EAD and never used and working on H1B for the same company. I was working for the same company which processed my H1B.

    If H1B is withdrawn is there going to be any effect on my 485? like any possibility of RFE on 485 for EVL? My employer said they will not withdraw or revoke 140.

    How long will it take to withdraw H1B?

    your inputs are much appreciated.

    Thanks




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  • pune_guy
    06-05 06:14 PM
    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



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  • Dhundhun
    09-10 06:22 PM
    Folks,

    I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

    My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

    My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

    Please share your thoughts and help me.

    Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.

    Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.




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  • bigboy007
    11-01 11:46 AM
    bump ... any ideas please



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  • crazyghoda
    01-14 05:16 PM
    May I ask Why?

    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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  • wandmaker
    11-27 01:25 PM
    fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.



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  • mihird
    09-06 05:59 PM
    I started my 10 hr./week part time job 2 years back (I was 4 years on my primary H1 by then). We filed a 2nd H1 and had no problems getting it approved - we got a 2 year approval aligned with the primary H1s 6 year expiry..

    My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.

    I have an approved I-140 from my primary H1.

    I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?

    I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?




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  • thementor
    04-14 11:21 AM
    I apologize.This is my first post, I think I posted under wrong topic (Interesting Topic



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  • sudhakar_p_v
    06-12 11:05 AM
    Hi 485_spouse,
    I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
    thanks




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  • ujayra01
    07-18 04:38 PM
    Hello Gurus,

    My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.

    I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.

    Thanks for your help.



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  • bhanukumar
    02-28 12:47 AM
    Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?

    Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.




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  • bigboy007
    11-17 06:22 PM
    I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?

    I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.



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  • deba
    06-12 04:39 PM
    Whoever you choose, please do not go to Keshab Raj Seadie. His office is at 146 West 29th Street, NY. Phone: (212) 571-6002. Aptly named website: greencardmaker.com should be renamed greencardsucker.com

    He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.




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  • chanduv23
    09-07 01:52 PM
    I sent this to Tri State Chapter - good stuff Jazz



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  • go_guy123
    08-19 12:58 PM
    the question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...

    Does the question make sense?

    I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
    find knowledgable people about Canada immigration as this forum is mainly about US immigration.
    However below is the official link.

    Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)

    In the purpose you say: business




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  • pady
    01-08 02:56 PM
    No, It is now ROW, I am from India EB2. But as I said, they didn't make any decision. They still want to review the file and will get back to me in 120 days.




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  • Ann Ruben
    06-18 06:57 PM
    You can certainly maintain your H-1B status while the EB-5 immigrant visa petition is pending, though you would not be authorized to work for the EB-5 enterprise until an EAD filed in conjunction with your I-485 is approved.




    sukhyani
    10-04 03:40 PM
    My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.

    So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?

    I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.




    saravanaraj.sathya
    08-02 02:26 PM
    Is there any good news for DB Visa in that bill?



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