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bkarnik

10-26 10:03 AM

I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.

Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.

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Dhundhun

07-21 09:32 PM

A quick question for all you experts out there

My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.

Use of EAD to get SSN is OK. Don't use EAD for work.

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h1vegas

06-30 10:47 AM

AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
Also why are you concerned whether they know or not?

Before that she was on H-4, I am still on H-1B

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kartikiran

06-18 11:07 AM

Any IV members from Long Island, New York, please list yourself here.

Does not matter what country you are from or what industry you are working in, as long as you are waiting for green card you belong here.

Trying to see if we can arrange for a "meet and greet" and see if we can schedule an event with our state chapter leaders.

Please note, connected to this initiative is also a media opportunity to talk to a reporter if we can bring out our experiences/stories.

Thanks.

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srini1976

03-26 10:41 AM

Just check if the physician fills out the I-693 form without errors and signs it appropriately.

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chanduv23

11-02 10:59 AM

I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.

R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks

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okuzmin

06-04 08:16 PM

I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.

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sweet_jungle

11-13 12:54 AM

Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.

Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ

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immi2006

07-01 08:14 AM

Hi,

I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.

They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.

Do you think there is any truth to the previous statements of my friend ?

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ronhira

03-29 12:26 PM

Hello,

I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.

Thanks

Congratulations..... this is big deal for each & every human ...... :)

since u'r a student in legal status & u live in US for last 6 yr..... so u've to have a US address..... i think it will be best to put US address..... it will keep things simple..... there is nothing wrong with u having a US address.... becoz u live here......

happy married life.... even though it may sound like an oxymoron ;)

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tabletpc

12-22 12:55 PM

Here is my situation..

I was working for company A and had company A Visa on PP valid untill 2010. Now I came under company B with same job descripton. Company B filed for H1b transfer 2 weeks back for which we have not received LIN number yet.
My questiosn are..

1. Can I visit india while my tranfer is pending...???

2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

Greatly apprecite if you can share your suggestions/expereince on this....

Thanks

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hmehta

09-30 01:49 PM

Yes, Ofcourse...it has to be valid for atleast 6 months. If it has already expired, I believe you should get a new one before travelling.

Is there any problem if your passport is expired while on H1 visa?

Do we need to get the passport renewed before it is expiring?

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ivuser

02-19 01:06 PM

QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.

QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.

QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.


QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.

QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.

REQUEST ::
Please support IV.

DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.

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harrisonaquino

04-30 12:18 AM

Any one who already filed i-485, could please give some answers to the above questions... thanks

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sreddy80

10-19 10:14 AM

Dear Immigration Attorney,

I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?

Please help...

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kaisersose

07-17 11:08 PM

This is where the lawyer comes in. Or someone who has been through this can describe his experience.

As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.

For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.

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ujayra01

07-18 07:18 PM

Bump...Any one please. Thanks.

Hello Gurus,

My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.

I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.

Thanks for your help.

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morrisking

03-09 07:48 PM

Thanks for the reply.

Ok, here is the situation. I am the guy in this venture with all the business contacts and would have to involve in some email conversations with the clients and also visit them on an occasional basis.

I am willing to do this without pay and also appoint someone as CEO instead of me. Can I be the Chairman of the Board, and do this kind of work.

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shimul99

09-21 03:32 PM

I�m confused about using the EAD. Someone please clarify me�.

I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?

It will be very much appreciated if some can answer my questions?

Thanks ahead

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rram555

01-26 03:27 AM

neither lawyer nor employer received Labor Hard Copy until today. I missed I-140 Premium
Processing because of Hard copy.

I signed one page of the original document (which the employer/lawyer should send to you)
before filing your I-140.

Thanks

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sri1234

05-15 03:04 PM

Hello Attorney's

My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")

I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).

Currently working using EAD

Question -
What kind of implications will this have on my I-485 application?

Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.

Attorney's Please Advise.

Thanks in advance
Sri

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