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  • varakur
    08-10 07:24 PM
    Hello everybody,

    I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).

    How will this work for my wife (who is on H4 now)?
    If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.

    Or MUST my wife also be present in US to file the I140/485?

    Pls advice.


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  • kshitijnt
    04-17 03:17 PM
    i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.

    I believe more in IV gurus....

    Oh fiancee and finance so damn confusing...I wish i could get some finance...lol

    Hi there-

    I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com

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  • gc_chahiye
    08-26 11:19 PM
    I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.

    Please let me know.

    not everyone is from India.

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  • canmt
    11-01 10:05 AM


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  • Maverick_2008
    04-16 10:14 AM
    Thank you all for your input. Now that I have a better perspective, I'll play my cards accordingly.


    When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

    Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.

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  • conchshell
    08-14 07:36 PM
    Enjoy n congratulations!!


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  • waitin_toolong
    11-30 08:57 AM
    The emails are sent only when there is a status change not for updates and the delays in the emails are at least at this time due to the fact that they are not updating the status immediately but mailing the documents first.

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  • akhilmahajan
    07-13 07:22 AM
    Also invited 15 other friends to do the same.


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  • aj_jadeja
    09-20 04:25 PM
    the link wouldn't have helped ya
    coz the link would also show the same date.
    Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
    so decided not to travel:(

    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.


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  • god_bless_you
    07-18 09:17 PM
    You can apply from your Wife's company for that You will be dependent and her's will be primary.
    When submitting you need to enter Alien numbers obtained from the first filing.
    The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
    Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,



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  • eb3_nepa
    03-25 01:10 PM
    Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.

    Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.

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  • franklin
    07-05 11:04 AM
    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year


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  • mrdelhiite
    07-11 01:05 PM

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  • Ann Ruben
    02-06 04:39 PM
    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.


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  • hejilac1224
    09-13 03:41 PM
    Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.

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  • isserializable
    04-28 09:09 AM
    can somebody please shed some light on this one?


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  • gc_on_demand
    03-19 11:52 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    if you want help update profile first

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  • Macaca
    02-27 12:01 PM
    Please post such articles in the News Articles thread along with email of authors. Thanks.

    U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)

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  • sunny1000
    03-26 03:13 PM
    I agree with PCS. We should keep this as a volunteer organisation and send email newsletter,word of the mouth etc, for fundraising. I am not sure if we should impose a membership fee as this is a volunteer org and also people who want to donate money would do it anyways. Just my thought:D

    01-13 04:23 PM
    it won't correct, as this practice has been long stopped. You may be in trouble for sure.

    I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..

    03-18 10:06 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?

    Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.