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  • YesWeWillGet
    09-11 01:40 PM
    gc_check and a_yaja - I really appreciate your feedback and thank you.

    I was thinking that I can get the F1 > Opt > H1 > File 485 thru EB2 Since my spouse's 485 is stuck in mud with priority dated 2003 EB3 category. So, I was wondering that can I have file my own 485 EB2 parallel to my spouse EB3. I would really appreciate if you could provide guidence or alternative approach. Once again, thank you for your thoughts.


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  • gcnirvana
    04-30 01:56 PM
    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"
    Shocked to learn that even after CIR or SKIL passes, we will have to wait 8 yrs to get our GCs. If that wasn't shocking I wonder what else would be:confused:
    In your example, its like saving him from drowning, giving him first aid and then throwing him to the sharks!!!

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  • theMan
    01-11 03:30 PM
    desitechie has already provided a sound answer. That said, EAD/H1 shouldn't be much of a difference for normal situations. Yes, you will lose the ability to reenter the US when traveling internationally without going through secondary inspection, but that additional time is negligible in the big scheme of things.
    As for AC21, my take is don't bother unless you get an RFE. No harm in sending in upfront either.
    Your entry status will be AOS, when you use AP.
    Good luck for your new job.

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  • eb3retro
    03-05 02:21 PM
    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    u got ur response from wandmaker..so long, we WON'T miss you.


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  • dilbert_cal
    07-05 03:11 PM
    You need to trust your company lawyer. Apprise him of the entire situation and he will guide you on how to proceed. In my opinion, until you get a RFE, you wont have to do anything.

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  • karthkc
    03-18 11:24 AM
    How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.

    Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...

    Without knowing anything else, I would not venture an opinion.

    rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?

    Also, is your GC sponsoring employer the same as ABC?


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  • Dhundhun
    04-09 02:49 AM
    You must be filing under (c)(9). That is AOS pending.

    I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.

    Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.

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  • uslegals
    12-20 02:00 PM
    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.




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    07-19 04:35 PM
    Thanks Meridiani.

    Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.

    Let's keep fingers crossed..


    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.

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  • Jaime
    09-06 04:49 PM
    I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).

    You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!


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  • Prashanthi
    05-08 04:15 PM
    Yes you could request that the same I-485 be used for your new I-140, as one member has suggested, you could also ask for the priority date of the old I-140 to be ported to your new I-140 if you are worried about priority dates for EB-1. Provided the old I-140 is not revoked.

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  • atlgc
    06-01 11:15 AM
    when you say
    "If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?

    once it shows up then send a interfile request correct or send eitherway


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  • immi_2006
    02-15 03:09 PM
    Try orbitz.com. You can book tickets from India and pay in USD. If the airline you selected still issues paper tickets instead of e-tickets then orbitz mails the tickets to your US address.

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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.


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  • sp0
    02-15 03:24 PM
    does anyone have an answer

    Guess roughly 10K balance, assuming 5k for each individual for a trip for around 6 months in us. This was the reasoning i was using when i took my bank statement.

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  • rajuram
    02-17 01:17 AM
    There are hardly any efforts now to do targetted email & phone campaigns now. This costs no money, and very little time.

    I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.

    BE HEARD - Thursday, January 18, 2007


    AILA has suggested two ways that everyone can let their voice be heard.

    1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2

    2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175


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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).

    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.

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  • rajuram
    07-13 12:55 AM
    GTS = go to sleep

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  • willwin
    08-11 10:41 AM
    i dont see a poll :) Are you expecting every one to post on this thread ?

    Check now!

    06-02 08:09 AM
    Liaison International
    (Comprehensive Coverage Plan)

    All insurance or in same boat.

    consider filing a claims suit. The business model of insurance companies is to deny claim and if you persist, they might budge.

    I also got liason for my mother but never used it. This time we used icicilombard and didn't use it also. But how can high fever be considered pre-existing condition.........file a lawsuit and let them prove that fever is pre-existing. Don't go down easily with such cheats.

    Did you buy liason from or ? Try contacting their super mod Murali, let's see if can help.

    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know