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  • gc28262
    07-15 09:41 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.

    I am not a legal expert.

    For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.

    The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.

    BTW my I-94 expired more than a year ago when I switched over to EAD.

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  • payur
    08-09 01:45 PM
    It is your passport number

    See his/her post, this is the first post. If you are not sure why confuse others, you can always say that you are not sure, why on earth did you think it was passport number?:eek:

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  • lazycis
    01-11 01:12 PM
    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.

    Do it yourself, like I did. It will cost you $350+mailing expenses. You can find many victories on our forum. It works.

    Here is step by step guide

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  • capriol
    04-14 06:46 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.


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  • sam_hoosier
    12-15 09:37 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?


    System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.

    So it would be tough to make a case for EB2.

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  • brahmasap@gmail.com
    04-11 02:34 PM
    My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
    Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?

    I have two questions here.
    1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
    2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).

    Please help me by answeringthese questions.

    Brahma Reddy


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  • va_dude
    05-04 03:47 PM
    as per my experience, 2 hours is more than enough to make the transition (assuming there aren't delays) at any airport (assuming there aren't flight delays).

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  • ak_2006
    04-30 06:08 PM
    5:30 PM: Shumer concludes the hearing saying that it's not going to be easy, but I think we're going to get something done. Thank you.


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    10-08 10:13 AM
    hmm... I'm inspired...

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  • amitjoey
    12-12 03:41 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.

    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.


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  • bkarnik
    04-04 10:36 PM
    The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.

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  • gc_bulgaria
    02-12 08:50 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?


    We have used it. I don't see any negative effects to green card. You are resident for tax purposes.


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  • a_yaja
    10-07 02:53 PM
    Thanks for you reply.

    My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?

    You don't need a new I-94. Since you have filed your I-485 petition, as InTheMoment said, you are in a "Period of Stay Authorized by the Secretary of Homeland Security". You do need an AP though if you intend to travel outside the country and enter the US (assuming that you do not file for a new H1). If you travel outside the US without an AP and without an approved H1B, then your AOS application would be deemed to have been abandoned.

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  • yhhou22
    10-22 09:40 AM
    EB2 June filer of I 485
    PD Aug 15 2005
    RD of I 485 June 1st 2007
    EAD approval August 28 2007
    AP approval Sept 4 2007
    I485 approval Oct 4 2007
    From China


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  • sgX05
    02-12 10:04 AM
    All my 140,EAD,AP, H1 renewal approvals have all been from NSC, never had any application at TSC.

    So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.

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  • perm2gc
    11-06 10:35 AM
    I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.
    Please search the forum.Your question was adressed in many threads.


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  • krishnam70
    05-06 11:43 AM
    I have been a silent follower of IV for more than a year but this is my first post so be kind :)

    I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

    I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

    The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

    I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

    Thanks in advance :)

    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers

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  • psaxena
    06-26 07:39 PM
    I dialled and I was in the conf call for 10 min , no one else joined in.

    I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.

    Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.

    Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.

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  • anurakt
    10-20 04:43 PM
    EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.

    EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)

    So can I take a loan and open a business to get EB-5 green card ??

    04-16 01:28 PM
    It is WITCH HUNTING brother.

    Below is the link about a case where an approved I-140 is going to be revoked because of this.

    140 Revoked on April 2nd.Out of country currently.Re-Entry on AP? (http://www.immigration-information.com/forums/i-140-petitions/10686-140-revoked-on-april-2nd-out-of-country-currently-re-entry-on-ap.html)

    12-16 04:02 PM
    USCIS refuses to give this data to anybody. They are not willing to give any break up.

    Can't you get this information unde FOIA (Freedom of Information Act)?