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  • My wife is planning to start MS on H4 visa next month. Her Visa is valid till Oct 2009, my H1 and H4 are renewed till OCt 2012 (no visa stamp yet.)

    Before she starts going to school on H4 visa, do we need to inform USCIS or take any permission from them ?

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  • Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.

    The 140 approval notice is not required unless this is a post six year transfer/extension.

    Thanks Fromnaija!

    Why do you say tranfer will be denied if extension petition is withdrawn? Are they not seperate applications filed by 2 different companies?

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  • Dear all:

    May I ask what I should do in the following situation?

    I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.

    That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.

    I am under tremendous pressure and really want to hear your opinions.

    Many thanks in advance!

    ISO is the one which updates the SEVIS database. Since you claim its their mistake, you should approach them for advise on this as well. I have heard that voluntary work (no pay) in your field of study can help you to maintain your status and not count days towards the 90 day unemployment rule. If true, you can pursue that option as well till your job starts on Sep 1.

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  • Added your first one Junaidi :)

    Please create a second thread for your second entry so that I can link directly to it!

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  • Hi All,

    Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.

    yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.

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  • __________________________________________________ ________________________
    When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
    __________________________________________________ ________________________

    What if you change the employer ?

    We can apply in EB2 with not much difference in old job and new job ?

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  • Even I am very worried about the same as my filling for H1 extn is going to come soon and due to the recent denials, I am very worried. I don't have EAD also with me and my priority date is very late. I heard about 3 cases where H1 extn is denied.
    If anyone knows more details about it, please let us know.

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  • Wife and I applied for our 485 on june 16th 2007 and we got our receipt numbers and did our biometrics on August 1st. As of yesterday I got my EAD card. My wife has not. Is that common or is this something I need to be worried about. If anyone has any knowledge, please let me know. I checked USCIS where i have an online account and have registered all the receipt numbers, for her it says it's still pending.

    Thanks folks and great job by everyone. appreciate all the help provided here and god luck to every one.

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  • Thanks for reply.. I live in AZ. My employer in NY

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  • From what I have heard from close friends/relatives, your option B is correct.

    Also, people living abroad and coming here and getting citizenship is only possible as you know if they fulfill the physical presence and continuous residency requirements. Further, since they have a US address (and can provide proof for it), why should the 90 days USCIS district requirement be an issue?!

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  • Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?


    - BharatPremi

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  • can someone please give answer to this?

    Usually a couple weeks. Be patient :)

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  • If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.

    Once your PD becomes current, then you can file I-485.

    I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.

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  • not even close to chronological order ... i know someone hwo applied in sept to nebraska got it ...
    also check for numerous sept and even a few Oct approvals.

    We are scheduled for infopass ...will see how that goes.

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  • My PD is Feb 2008 and my I-140 has been approved the same year. I am on my H-1b 3 yr extension.
    If I were to change my job now, will I lose my PD or can the new company refile my new I-140?

    Read somewhere in forums that one can retain PD as long as pervious employer does not withdraw the approved I-140.
    Also I-140 is based of future job.... so no worries as long as you work based of your H1.


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  • We know how much you like to be here in US - 300k Green Card petitions in July - madness, madness

    now do you expect everything to happen for you automatically and others do it for you when you sit on your couch gazing at the cheerleaders in a football game



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  • I believe that would fall under "contemporary art" know, something a very wealthy person would read waaaay too much into and spend an ungodly amount of money for. ;)

    Maybe if it were wolf tracks or bears or something dangerous.

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  • My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.


    off the top of y head and based on what I've read, a D70 is well worth it, even from a D100. A D2H is now cheap too. With lots of Nikon glass the options are quite good. Even a Kodak SLR/n is a good buy.....


    Hi All,
    I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
    Did any one come across the same situation....

    what does it mean

    Would you be kind enough to post your filing date and USCIS RD?


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