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  • upuaut
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  • vikramy
    06-26 08:57 AM
    Your Lawyer for sure gets it. You will get a copy of it. (I think you will get only if it is medical or any personal).

    I got RFE recently. Both my wife and lawyer got notice.

    Hi,

    I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
    Can any one clarrify that who will get the RFE? will it be me or my lawyer?
    If possible can any tell what it would be?

    Thanks in advance !!!





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  • onemoredesi
    06-23 09:38 AM
    You can retain your PD if your employer does not repeal your existing Labor Certification. In other words as long as your Labor is not cancelled you can apply in EB2 and get the labor approved (typically takes 3-5 months in PERM depending on how fast your Attorney is).

    In fact, I am in the same boat, just waiting for my EB3 Labor to be approved.. I am a Manager + I also have Master's .. so, I'll also be doing the same.. Pls do share your experiences how the transfer is working..

    1MoreDesi





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  • ovaloffice
    05-22 05:17 PM
    Is there a way I can apply for a green card during residency for a future job two years down the road?



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  • fasterthanlight�
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  • Prashanthi
    07-14 05:55 PM
    Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?

    Remember that you can be a passive investor on H-4 but you cannot run a business, you might be able to incorporate a company as long as you do not take any profit from the same. To be safe ask you spouse to go to the US consulate in Canada and get a business visa and enter on the same. She can always revert to H-4 at any time.



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  • radhay
    08-12 01:54 PM
    clif, I wouldn't worry too much regarding the interview. Just take the latest paystubs, Employment letter from your new employer and all the evidence that you have to prove that you have been legally maintaining status in the country. Since you have already submitted medical exam results you don't need to take them with you.

    They usually just send a standard letter without checking any items in the list.





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  • clear485
    08-26 02:30 PM
    Hi Guys,

    I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?

    Recently went through the following info....don't know if it helps you or not....

    USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal

    The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.



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  • sanam9696
    03-09 05:42 PM
    Need your help..

    Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:

    Can my previous employer file I-140, even if I am not working with them?
    If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
    Once I transfer my PD, can my previous employer use this approved LC for other candidate?

    Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.

    Thanks in advance..





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  • go_gc_way
    11-25 05:16 PM
    Not to discourage any one but , my understanding from this forum is nothing with respect to RETROGRESSION and THUS OF SKILLED PEOPLE LEAVING THE SHORES will be done in the Lame duck session.

    I wish some one prove me wrong and let us know if there is any new news.


    Hello ,

    It is unrealistic to expect something to happen with out participation. My sincere REQUEST to "YOU" all is


    i) BECOME A MEMBER : If you are guest and visiting this site to know about retrogression and your self waiting for a green card and stuck due to retrogression, become a member and participate the forum.

    ii)TELL YOUR FRIENDS : If you are member and have not told about this forum to your other retrogression stuck friends/collegues, please do so.

    iii) CONTRIBUTE : if you are a member, and have not contributed, please think of contributing

    iv) PARTICIPATE : participate this forum more actively with your comments.

    It has been the appeal of IV core team MANY times for i), ii) & iii) above.

    Also I have seen on many web sites related to green cards, it is suggested to come forward and let know your problems .. Things otherwise, may not happen magically.

    Friends on the forum, who think likewise and IV team, please add/correct my comments.

    -- From a IV member



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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.





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  • khyati
    03-21 04:51 PM
    I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
    most of the H1's consultant i have come across does only ITsector
    is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....



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  • hebron
    07-07 09:29 AM
    My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.





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  • dellmunna
    04-21 10:52 AM
    i am getting less then in my LC but same position.



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  • eb3retro
    07-08 08:47 AM
    Guys,

    Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.



    anyone??? any thoughts???





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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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  • rajenk
    10-01 01:04 PM
    Ours got approved approved today 10/01/2010.

    Cheers
    Raj:)





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  • siddar
    03-29 09:46 AM
    Hi,

    I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
    My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.

    Thanks,
    Venkat.

    You might want to try CBP deferred inspection. For further details, go through the link below:

    U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)

    Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
    If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.





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  • hibworker
    07-26 03:55 PM
    Your situation isn't too tough.

    Yes you will need a new F1 visa to re-enter. Nobody knows your chances of rejection, just take all the docs and hope for the best.

    If your F1 gets rejected then you can come back on valid H4 - I don't think they will cancel other valid visas. However once you are back here you'll have to again apply for a COS to
    F1





    gc_coming
    08-30 11:13 AM
    This shouldn't cause any problem... My GC was approved in August while i was in India. On my return two weeks after the approval, the officer allowed me in on AP. I showed him the printouts of my approval email and he said you can use your green card next time you go out of the country.

    Hope you get your approval soon





    sanju_dba
    09-20 02:01 PM
    not sure if moving to another state is a option...
    but i can think of..
    1) cancel the insurance
    2) apply for another insurance effective from your return date, cancel the existing insurance.
    3) take min liability only
    4) see if they can suspend it for 2 months.



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