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  • Hello Memebers,
    As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.

    Thnaks

    It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.





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  • But the questions is will her 485 application abandoned if she applied for H4 in consulate.
    I heard 485 is abandoned if you change status and come to US without AP.

    Thanks

    she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.

    The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.

    If the case had been different, she was applying for H1 then she would have needed an approved petition first.





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  • Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree



    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    -Sree





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  • ALL of them will fedex overnight to reach the concerned office by June1st..





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  • I already got a denial of my wife's application and had to pay $585 for the MTR :mad: ... that would be a nice source of revenue for the agency...

    They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
    That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
    I also won't be surprized if the fees go up in the next round.

    Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......

    Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
    1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
    2. Increase the fees.....
    3. Increase the rate of denials: more denials mean more MTRs mean more revenue......

    Its a business and you will do whatever to survive.........nothing personal........





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  • in Coming may bulletin EB2 will go upto July 2004





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  • it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).

    Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.

    Thanks





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  • 140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
    It got approved yesterday!





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  • Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congrats greenguru. enjoy. i am still waiting to see one eb3 485 approval atleast and am yet to see one atleast for the past 2-3 years..even PD back to 2001. i didnt see a single approval in eb3 category for india.





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  • H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks





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  • But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.

    Biju, whom did you ask, an immigration attorney or just on forums?

    A concurrent H1 and L1 should be doable too...much like two concurrent H1s...

    As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...

    My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...

    In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...





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  • As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.

    I am also in the same boat and I am waiting my priority date to be current.

    I got my 485 approved

    Thanks,
    Bill





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  • Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).

    I never heard this? Any references to confirm this?





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  • Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks





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  • Don't worry about your I140 getting revoked, AC21 is built for your career, security and comfort keeping in mind the USCIS delays. Go ahead and use it and Good luck. Make sure you are careful with SOC codes, and do a good job of keeping your status and career in accordance with the rules. The rest will take care of itself.
    If you are sure about your I140 getting revoked, make sure you let USCIS know of your AC21 portability. Good luck.





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  • I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

    I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

    Thanks for the input.





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  • If all active 7000 members drop $10 in a single day, it will be $70K

    I can not start any thread due to some funny problem on the computer or the site.

    I do not know how fix this. Earlier, I could start a new thread. I hope, I am not blocked.

    Can some one help with this





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  • My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U


    EB3 India may show Jan 23 500 B.C , but cant be U because the quota starts fresh in October. They goto 'U' only when respective category numbers for the country are exhausted for the year. Usually numbers will become unavailable only in last quarter of the year.





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  • :::snicker:::

    SPAM*INFINTY+1!!!!!


    ::::runs like h*ll::::


    :::::evil laughter scares peasants:::::





    You can file a small claim in the county your employer is based at for not paying you your salary. That way, the document becomes a public record. If in future anyone wants to see if there were any lawsuits filed against your employer, it'll show up.

    The small claim trials are also held rather quickly, like within 30-45 days from the day you file. The filing fees are usually minimal. It depends on your county. Usually those are also recoverable, along with the time you spent on filing it.

    I guess I am stressing this since these cases are public records and a copy is sent to the libraries of high court/supreme court here.





    Get some inspiration

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