Friday, June 10, 2011

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  • shree09
    08-08 06:14 PM
    Thanks to everyone who replied.

    I have got sufficient replies so it looks like it is OK to do both H1 Stamping and landing together.

    Do you have any suggestions for the canadian places. I heard Vancouver is popular.
    Is one place better than another one..

    Any info will be really helpful

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  • roseball
    05-02 10:52 AM
    I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
    Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

    Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

    Thanks again.

    Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.

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  • shimul99
    09-20 04:04 PM
    I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002. What is the way it suppose to be?

    My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

    someone please clarify the matter please.......thanks ahead

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  • srinivas_o
    08-22 02:54 PM


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  • elaiyam
    04-05 10:03 AM
    It should not be a problem for EAD/H1B

    FHA Handbooks (

    See the section: c. Non- Permanent Resident Aliens

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  • indio0617
    01-30 10:28 AM
    It should not be an issue. I know several people who have done this on a regular basis.

    You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.


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  • vikaschowdhry
    06-06 07:36 AM
    seahawks you said:
    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.

    Could you please provide me a link to an official website that can confirm this?

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  • irrational
    11-05 11:50 AM
    You should probably call USCIS to see what is going on ?

    Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.

    I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.


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  • emmNemm
    12-11 05:13 PM
    Thanks enqueued, maddipati1,lskreddy, va_dude, vin13 for the valuable information. I really appreciate it.

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  • gchopes
    11-05 01:41 PM
    Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.


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  • gcformeornot
    03-24 06:00 PM
    How come h1 transfer gives me the solution?

    do you mean to say goto any employer whoever gets job?
    Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.

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  • agt
    05-22 12:31 PM
    You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.

    USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
    Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.

    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?


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  • met3259
    07-18 05:07 PM
    What is FB of 226,000 ?

    see above

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  • bharol
    10-09 07:26 PM


    They are reloading. ;)


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  • dealsnet
    04-06 10:59 AM
    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.
    But in practical, USCIS now denying I-140 for 3 year degree holders, even the job requires masters. Try EB3 also. (Good luck).

    My perm was approved a couple of weeks back and we are going to file the 140 pretty soon. In the mean while I had a question regarding the educational equivalency issue I see during this stage. The perm is for EB-2 which requires a Masters Degree( Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this. Do we have to submit the Bachelors degree information even though the requirement is for a Masters?

    Thanks for any input.

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  • dush0805
    11-25 01:32 PM
    I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....

    But let me ask you a dumb question, what does AP stand for?


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  • actprasad
    08-22 03:45 PM

    I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.

    Just a small suggestion/clue to my friends,
    when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.

    Please don't take me wrong.


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  • Blog Feeds
    08-08 09:30 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases ( As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.

    More... (

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  • greencardfever
    09-09 11:16 PM

    I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

    I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

    If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

    If it�s the former:
    1) Will my old priority date get transferred too?
    2) Does it matter if the Company Y is not located in the same state as compared to Company X?
    3) Does it matter if my job description and/or designation at Company Y is/are different?
    4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
    5) Does Company Y have to communicate with Company X to get any green card related paperwork?
    6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
    7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

    Any response will be greatly appreciated.

    Thank you.

    07-20 02:09 PM
    actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.

    10-22 09:18 AM
    Now I have seen many people filed on June 2007 get GC approvals. Now onwards their number is keep on increasing. Please put your details on this thread to see the trend. I think all Jun 2007 filers will get GC for the 2008 quota. Provided their I-140 is approved and NC is cleared.
    My details
    EB2 India
    PD-2004 JAN 11
    I-140 Aug 2nd 2007 approved
    RD June 22nd
    FP Aug 21 2007
    AP & EAD approved


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