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  • Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.


    If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...

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  • Yes you can pick the passport at end of day manually

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  • You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.

    As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.

    However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.

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  • How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

    As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.

    I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?

    I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.

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  • Hi,

    I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires

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  • If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

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  • I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.

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  • I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.

    Hope that helps.

    I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.

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  • Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)

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  • Me too! Citizen of India.


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  • tnx

    i founded it on ps7

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  • guys,
    I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

    I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...

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  • Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.

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  • I voted up the Immigration questions.

    Looks like the Anti-Immigration folks are trying to vote down our questions.

    - JK

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  • Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.

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  • If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?

    Please help...

    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.

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  • Great job IV..I am proud to be a part of IV.

    Contributed $100...

    Order Details - Jul 17, 2007 16:16 GMT-07:00
    Google Order #10xxxxxxxxxxx3

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  • Wow, surprisingly the Eb-2 dates have moved ahead by 2 yrs!! I have a feeling they will go back to 2000 next month :p
    dude its around 4 yrs.. ;-)

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  • For Postmortem, I think we should focus on one thing, how did that number 90,000 for reducing backlong of EB visas got into the bill in the first place? For illegal workers they did it by percentage to eliminate the backlog in 5 years. Why wasn't something similar done for EB visas?

    I am going to devote a considerable amount of effort in trying to figure that out so that when a similar bill comes around the next time, we know what's going on.

    On another note, I was surprised that how little support we got from the Indian-American community (if I am wrong in assuming this, then correct me)! Bill Gates supported our cause, Intel supported our cause, Google supported our cause; but the huge number of Indian-American tech entrepreanuers in the US? Organizations like TIE? I am not sure if the IV core team tried to solicit any help from them or not but I thought their support was deafening.

    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India

    Happy Diwali to every one here in IV...

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