Thursday, June 16, 2011

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  • martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.

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  • swethanjit
    07-08 09:49 PM
    Hello All,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008?

    Please help. Your guidance is truly appreciated.


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  • diptam
    02-24 04:30 PM
    The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.

    But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.

    The choice is yours !

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.

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  • sreeni.k
    07-23 12:50 PM
    Not sure what exactly your objective is but usually the severence package is pretty good with big employers- why get paranoid and loose all that money especially when it is something you worked hard to earn. For somebody with 6 years experiance it shouldnt be that difficult to find a job. I say be confident complete your job and go for new job. If your transfer of I485 gets denied what the heck you got H1B and if not homeland india with bunch of money you saved up :). Some times the question should be asked "is it worth it?"


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  • qplearn
    10-17 09:40 AM
    It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.

    That is assuming that you have gone through your biometrics appointment.

    If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.


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  • brij523
    03-01 07:32 AM
    Hi All,

    After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
    I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.

    Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.

    Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.

    Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.


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  • H1Girl
    02-26 11:51 PM
    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...

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  • reddy77
    08-10 06:16 AM
    Good to know and thanks for the update and hope your parents are doing well ...


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  • immiusa
    09-16 07:56 PM
    Hello gurus,

    What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses

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  • sunty
    11-05 03:37 PM
    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at:,0520-ac21.pdf

    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again


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  • drsnh123
    06-20 07:48 AM
    thanks for the reply guys. if some more people can give their opinions , that will be gr8
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote

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  • ohio boy
    09-27 11:59 PM
    After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.

    He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.

    I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
    .Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
    Oh I had a nice dream, Is'nt?....:)

    Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.


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  • perm2gc
    08-30 12:54 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.

    thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...

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  • Antonio Trivelin
    September 1st, 2006, 03:16 PM
    Just for fun :) ( (


    Comments are always wellcome



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  • KKtexas
    01-09 05:26 PM
    We got back to USA on 1/7.
    POE: Dallas (DFW)
    We gave IO only passport and AP, got new I-94 in only 5 mins.

    Questions asked by IO:
    1. How long were away from USA?
    2.How was weather in India ? ;)

    Overall the experience with using AP was good.

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  • lostinbeta
    10-21 04:13 AM
    Hey, this is MY thread and I will delete any argumentative posts about sports teams :)

    I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.


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  • davequick
    June 13th, 2005, 09:10 AM
    If so, what are you using? I'm using a Nikon 60mm f/2.8 AF-D micro, the usual reversers, the extension rings, etc. But I think I'm going to be buying myself some more working distance and invest in a 200mm f/4 micro - have you been happier with anything cheaper than this solution on your nikon?

    Has anyone tried the Canon screw in diopter adjustment lenses for 77mm filter size Nikon lenses?

    This is a 60mm Macro shot...

    This is the same 60mm lens but with three extension tubes (pk11, pk12, pk13) stacked to increase magnification of the lens.

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  • indyanguy
    08-08 06:55 PM
    Does this logic hold good for i-140 processing as well? My 140 went through the NSC-CSC-NSC route and I really hope it's processed based on NSC timelines!!

    Edit: Wait a minute, 140 times are not even listed in CSC processing times (

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  • Vic
    10-11 12:42 PM
    Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).

    10-21 04:10 AM
    oh well, we can't make it look too easy... :P

    I actually have it right so far... win in game 1, loss in game 2, win games 3 & 4...

    just my predjudiced and not so humble opinion.


    07-18 01:39 PM

    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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