Tuesday, June 28, 2011

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  • sk8er
    03-29 12:30 PM
    I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?





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  • logo
    09-12 11:11 AM
    I am wondering about this because my I-485 has been filed in Texax Service Center and the receipting date is still way behind. I live in Minnesota and I need to ask my lawyer why did they file my application in TSC instead of NSC. Is there a choice about which Service Center to file applications in? Is there a possible rejection because my application could have been filed in NSC but is filed in TSC now?

    Thanks in advance....





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  • ExtendedLEave
    12-27 05:23 PM
    My husband is currently employed on a H1 visa and I am on a H4 visa. Our current visas(H1 and H4) are valid till January 2013. We are Candadian permanent residents who plan on ultimately applying for green cards and settling down in the US. I am a newbie in this arena and have a few questions that I tried searching answers for but couldn't find anything conclusive and would appreciate any answers

    1) For various reasons can I stay back in the country for 4-6 months, while my husband goes back to Canada on the extended unpaid leave for the 4-6 months and comes back? Or if I leave with him now, can I come back after 6 months and stay here for 4-6 months? Are there any rules/regulations that prevent me from doing this. Please note that we live across the border in Canada and travel back/forth via car.

    2) My hubby is planning on taking an extended unpaid leave from work( for personal and not health related reasons) and his employer is OK with that. This could be as short as 3 months and could be as long as a year. During this time we will be going back to Canada. Do you know if this will create any issues with immigration currently or in the future? How long can this leave exist?

    3) If my husband ultimately comes back to a different job after this unpaid leave, will his chances of getting a visa for that new job be affected?

    4) If he wants to take an extended leave do we need to leave the country? Can we take an extended leave and stay in the country? Will we be violating any rules/regulations if we do that?

    5) Lets say we want to come back after 6 months, do we need to come back together?

    6) If we are in Canada for the next 6 months, can we keep taking weekend trips to visit our families in US?

    Would appreciate any information that anyone can provide on this.

    Thanks,
    ExtendedLeaveApplicant





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  • damialok
    05-05 01:26 PM
    As per the terms of the settlement (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eaf995fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD), USCIS will EXPEDITE the N-400 and I-485 IF

    Its been pending at USCIS for atleast 6 months
    AND
    You are receiving SSI benefits


    Well I meet the first condition and visa numbers for my I-485 are available. But I dont meet the 2nd condition(not really sure). I for sure dont receive any benefits from SSA so I guess I cant use this settlement.

    Any insights/ideas?



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  • pappu
    06-02 11:25 AM
    This is interesting that he works in Tancredo's office . Its good that law is working to catch such racists.

    Another point to note is that this guy said the N word and all this happened. Lou Dobbs will lose his job the next day if he starts making comments against the African American community. These guys do not even dare go in that territory. We all know what happened to Don Imus. Now If you just replace 'Indians'/immigrants/H1B with the N word, all these anti-immigrant organizations, websites and anti-immigrants will find themselves in a very difficult situation with the law. Civil rights activists will also not let them continue their hatred.

    It is high time Indian Americans and immigrants start raising this issue actively and end such racism.





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  • Jagadish1978
    07-19 07:56 PM
    I have these below queries on Green card processing

    My Green card processing background
    My labor and I140 are approved and have priority date of May 2006 under EB3 category.

    The reason for these questions is that I am planning to change the company that I am working with.

    Questions.
    1. Can I port the priority date (March 2006) when applying for new green card with new employer.
    2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.



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  • abhishek101
    12-28 04:32 PM
    I applied Bachelors + 5 years.





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  • viz
    02-03 11:14 PM
    Thanks for the links.

    But I dont see them addressing the specifics of an EAD. Or maybe i didnt check them enuf.

    Doesn't the EAD (AOS pending status) entitle you to be in status even after a job loss?



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  • chandra140
    08-29 08:40 AM
    Hi,

    First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and in May it was rejected because of check bounce issue.

    Again my 140 was refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.

    (My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08,
    i think there is rule that 140 should be filed before 180 days of labour approval)

    My lawyer is saying:
    we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.

    I am still wondering the USCIS will process my 140.





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  • vikramy
    12-30 01:15 PM
    From my knowledge...

    For now you can use EAD and continue to work.

    In Long term you can get your GC refiled from a different company and port priority date



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  • logiclife
    04-20 07:07 PM
    Thank you very very much for your contributions.

    Total contributions so far have been around 88K. See the "Action Alerts" menu on the homepage. Its updated every 1-2 days.





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  • cjain
    08-07 04:54 PM
    ...please



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  • eb3retro
    05-13 11:47 AM
    hi,

    My wife's priority date is current now (Marriage took place before the acceptance of my GC). We have to options - applying for FTJ or I-485 as my wife is in USA currently on a visit visa.

    Any suggestions if we can apply for I-485 from here, as that is our preference.

    Discussion...


    sorry, this message is in the wrong forum, lot of people come here to find a solution for retrogression problem, if you have questions related to your personal cases, please post it in the right forum.





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  • sweet23guyin
    05-05 01:45 PM
    Yes, you can port your EB3 priority date to EB2, even if the sponsor is not the same.
    There are many threads on the topic; you may want to read them for a quick understanding...


    Hi All,

    I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
    I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
    Is it possible to port priority date of my EB3 to EB2?? with my new employer?

    Thanks.



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  • Karol
    01-13 09:45 PM
    Hi,

    My sister is filing my green card. Since I am married I was wondering if there is any way to fapply my husband's green card at the same time. Should I wait and file DS-230?

    Thanks.





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  • abhishek101
    01-05 11:36 PM
    this is my understanding but a lawyer answer but you should consult a lawyer

    Since you have started your GC process and shown your intent to immigrate your F1 will be denied.

    H1 is a dual intent visa ( you enter as non immigrant but U can immigrate on it) and hence application of GC has no implication on it.

    Again I am not a lawyer so consult one.



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  • chanduv23
    07-10 08:31 AM
    Nothing - this thread may not have merit. Please close this thread





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  • chapper
    07-18 08:38 AM
    I agree with Clockwork - PD is your labor filing date and not approval date. Good Luck.





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  • pandu_hawaldar
    07-06 09:16 AM
    Hi,

    My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.

    Please guide.





    freakin_gc
    03-31 01:51 PM
    Hello

    I received the following LUDs on my I-140
    Soft LUD 03/28/08
    Soft LUD 03/30/08 (Yeah on Sunday)
    Soft LUD 03/31/08

    can anyone tell me what is going on? My I-140 filing date is 6/13/2008 EB3 Category(India), NSC

    Thanks





    webm
    08-13 04:02 PM
    Hi All,

    My PD is 1st Aug 2006. Am i IN or OUT?

    As per VB:

    The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.

    They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(

    No, you are not IN yet..sorry you just missed the window...It could be a chance for you in next Oct'08 VB..



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