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  • Green.Tech
    07-18 01:39 PM
    Folks,

    Not to hijack the message posted by the OP, I have a question:

    If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?

    Anyone who has done that before? Ideas?





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  • GCEB2
    06-25 10:49 AM
    Thank You Dhundhun you Information was Very Helpful





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  • pappu
    05-14 11:47 AM
    I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
    I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.





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  • wandmaker
    11-07 09:38 PM
    1 (800) 375-5283 and follow the voice instructions.

    Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.



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  • EkAurAaya
    10-19 10:03 AM
    I don't have an A#? Where can i find that.

    Should be on your EAD (alien #)





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  • l8A
    10-05 10:27 AM
    I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.

    Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.



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  • inskrish
    09-05 03:04 PM
    No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.





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  • fide_champ
    02-15 09:19 AM
    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G

    Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?



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  • reverendflash
    10-21 04:15 AM
    I'll be good...I promise... :x

    Truthfully, the Angels played a heck of a game tonight, they deserved to win... We tried real hard, but they still beat us...they almost beat us last night...

    Rev:elderly:





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  • lazycis
    09-24 08:35 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?

    It was my case. I received a few responses like that (my I-485 has been pending for 3.5 years). I would not take it close to the heart. My case, however, has been approved before Feb 2008 memo implementing 180-days rule for FBI name check.



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  • bharol
    06-16 12:57 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

    Whose fault do you think it is?

    It is the hight of carelessness.
    Passport was expired when you went to consulate!
    I can't believe it.

    You deserved it.

    Now go get the passport renewed and get back in line.





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  • pd_recapturing
    10-19 10:02 AM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.



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  • surabhi
    08-11 11:21 AM
    So you are good to go. This means, when the company applied for your H1, they also applied for your wife's extension using form I-539.

    When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.

    There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.

    In your case, it has been done right. so no worries.





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  • senthil1
    12-02 11:00 PM
    If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).

    o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...



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  • PDOCT05
    10-29 11:27 AM
    Friends,

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?

    Thanks,





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  • summitpointe
    04-27 02:24 PM
    Six years in US complete


    I-140 approved
    Not able to file I-485 because of retrogression
    Wife not able to work
    Moving around for jobs with family
    Cheating Employer
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to plan on good school Child's education
    Not able to spend more money on good health insurance
    Lot of money spent on H1B Extension and stamping
    Sick with the current employer


    Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.

    Do you guys think the retrogression will end soon? frustration everyday.



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  • masti_Gai
    01-05 03:26 PM
    That was a great move from your side buddy. So many might join this forum by this weekend i guess.:)





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  • amulchandra
    11-04 04:41 PM
    The title of the thread is misleading. Please change it.

    Amul





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  • ItIsNotFunny
    11-18 06:03 PM
    I hope so.

    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D





    gc_check
    11-26 05:31 PM
    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....

    I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
    On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.

    Please verify this with an attorney.





    varakur
    08-10 07:41 PM
    Thanks Jasmine/lacrossegc/etal,

    Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,


    Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

    thanks so much,
    -Prasad
    PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.