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  • harry15
    02-07 12:26 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

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  • shana04
    02-16 12:38 PM

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    I would advice you to consult your attorney before you make this decision. Good luck

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  • new2H1&GC
    11-08 01:52 PM
    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)

    Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
    Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure

    So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?


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  • gccovet
    11-20 08:40 AM
    I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
    I checked with my lawyer and she says previous FP is valid for 15 to 18 months

    Kindly Advise what should i do...

    Did you paper file or efile?
    If paper filed, no FP is required.


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  • chandrajp
    08-15 03:32 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...

    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?

    But again this is my personal thought.

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  • fromnaija
    07-10 02:12 PM
    I chanced upon this c-span program on Saturday and called in to ask Rep Ed Royce about legal migrants. Listen to my question in the last two minutes of the broadcast.


    Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.



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  • sandy_anand
    03-08 02:23 PM
    Congratulations! Please continue to donate to IV.

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  • bitzbytz
    08-10 10:54 PM
    My PD is 6/6/6
    Hopefully current in Sep bulletin


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  • arnet
    09-08 01:37 PM
    well spoken....thanks to Shilpa and for IV/IARC. she highlighted all the problems/solutions even abt SKIL bill. well done.......

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  • buehler
    04-30 11:38 PM

    Make sure that you work for your new employer only on a h-1. That way your spouse can be on h4. As for using AC21, in your case it is for continuing your I-485 processing and not for working for a different company. Make sure that you file your wife's 485 as soon as your dates become current. Hope that clears your doubts. (Also Don't use your email id as your user id. That is a sure shot way of getting plenty of spam)

    sundarpn, you don't need any documents from your previous employer to file your dependent's I-485.


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  • bluez25
    07-22 06:03 PM

    How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...

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  • meridiani.planum
    06-29 03:27 PM

    I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.

    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.

    No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.

    2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?

    If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)

    3. Can I file for a new PERM at that time and get an extension based on that?

    Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)

    4. Do I need to refile I-485?

    If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.


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  • st4rguitar
    04-06 01:46 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.

    First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.

    As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.

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  • imm_pro
    01-20 02:35 PM
    The new look is awsome.
    We sure picked the best day to launch this change.


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  • malibuguy007
    10-01 10:48 PM
    Just thought I would share this with you guys. In the US a total of $306 billion were contributed to charity last year and here we are having trouble raising money for our own good - donations that would have a direct impact!!


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  • jasmin45
    07-31 06:11 PM
    They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
    G28 is to help attorney represent you. Since you mentioned that your employer deal with attorney on all of their employee cases, Attorney will not ask your G28. If you are paying the fees then you have all the rights to ask the status. If your employer is paying for 485, then you should politely ask your HR about the fate of your application. Attorney's may not even respond to your request as they have no established relationship with you but your employer.


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  • vinayh
    11-18 09:30 PM
    I recently booked visa appointment at Chennai.
    1. Use IE. I had issues with firefox
    2. You will be allowed to pick the appointment date at the very end. In fact that is the last step of the online visa appointment booking process.

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  • GCHope2011
    05-21 09:00 AM
    What exactly does "OP" stand for?
    OP is the one who is putting "Topi" on everyone else...

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  • rocky17105
    07-28 10:32 AM
    Is there a way I can have my 485 reopened sooner than waiting for AAO decision which is 25 months right now for denied 140 for EB2?

    02-26 11:40 AM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.


    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.

    02-22 03:47 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..