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  • Canadian_Dream
    06-22 08:17 PM
    I am in the exact same situation. I have already filed I-140/I-485 concurrently with the substituted labor. Now the dates are current I am filling another I-485 with my approved I-140. There is nothing wrong in what we are doing, as long we explain about the earlier filling and clarify the motive of the second filling. Eventually we should withdraw one of the two based on the outcome of substituted labor/I-140.





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  • loudoggs
    08-10 12:07 PM
    If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.

    I don't think it matters what you are making right now. This is my understanding.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.





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  • itsmesabby
    10-14 09:58 AM
    Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.

    I would really appreciate it.

    Thanks





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  • cr52401
    02-13 03:19 PM
    Dear Friend,
    I filed 485 in June with eb3 . In December, I filed another I-140-EB2 with the same company. My attorney said she filed the second 140 with the request to upgrade my filed 485 from EB3 to EB2. Now with the new visa numbers my PD is current.
    What will happen to my case? Do they hold my file until they approve 140 with EB2 and then process the file or they move with the EB3?
    DO you think it is better to withdraw the second 140?

    Please let me know if any one of you has experience in this case. I have been waiting 6 years for this day and now....

    Thanks.



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  • tabletpc
    04-02 12:19 PM
    If you want immediate responses then your questions should be either on EAD/AP/485 or something to do with GC. For other queries members here take low priority..this is my observation..!!! But keep sharing knowledge ...!!!

    Coming to your questions,

    The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!

    Good luck...





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  • raj1998
    10-26 11:31 AM
    I filed for 485 went to India came back to USA. I didn't have any 485 receipts with me.
    Had no issues what so ever, in fact I was not asked anything about 485 application. After coming back went for finger printing , that means my application is still in process.

    Important Note :- During this period I had valid H1b stamp on my passport.

    Raj



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  • optimizer
    03-22 12:18 PM
    Thanks Sac-r-ten for your reply.
    If the labor and advt process is really only 6-8 months, then I might get lucky.





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  • izolo
    06-04 02:10 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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  • neeidd
    08-05 12:14 PM
    Hi Guys,

    Based on other threads on this forum, I see a lot of I-485 approvals(EB2 I) at TSC for receipt numbers starting SRC# and whose PD is current . Just wondering if any one got I-485 approved whose application is a transferred from Vermont(EAC) to TSC?

    Please shed some light on this!

    Btw, my receipt date is 07/07 (EAC). PD current. Case transferred to TSC with a receipt date of 09/11.

    Thanks





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  • bsnf
    10-04 09:09 PM
    We went there today, got done in 15 mins. Lots of parking space outside the office.



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  • kondur_007
    08-19 11:01 AM
    Hi,

    I am a dependent of my parents who are currently staying in the U.S. with E-2 Visa. We have stayed in the U.S. for almost 9 years now and we are trying to get a Green Card.

    My parents have already filed and received an approved I-140, but my parents say that we have to wait couple years before being able to file I-485.

    I don't quite understand why there is a delay between receiving an approved I-140 and filing I-485.

    It seems like everybody either files both I-140 and I-485 concurrently or file I-485 immediately after I-140 is approved.

    So, my question is: Is there usually a span of time that applicants must wait before filing I-485 after getting their I-140 approved?


    Thanks a bunch,
    --HJ

    To understand this, go through this forum and look for words or forums named "retrogression of visa numbers" and "priority date". You will find your answer.





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  • GCBy3000
    07-18 09:33 PM
    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN



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  • Pallavi79
    01-13 01:41 AM
    She can get easily.
    I would like to bring my grandma but worried about her health insurance.





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  • ponnuswamyp
    09-28 12:21 AM
    I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.



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  • BMS1
    11-03 03:47 PM
    Going to Home country may be the best option. COS may take quite long and block applying for H1-B.





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  • nhfirefighter13
    August 6th, 2004, 09:34 AM
    This was a complete and total screw up on my part (I forgot my flash was on) but after looking at it for a while....I kind of like it. Somehow, it works (to me anyway)...I should inform you that a few people I've shown this to from school think I'm either crazy or possibly going blind because I like it.

    What say the peanut gallery?

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  • indyanguy
    08-17 04:30 PM
    Thanks for your reply. What does DMV care about to decide till when the license will be valid?

    1. H1 visa on the passport
    2. H1 approval notice
    3. Can I show them the AP?





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  • plassey
    07-20 11:01 PM
    Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
    If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
    But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.

    Dear Friends,

    Could somebody help us with an urgent question?

    In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.

    Will USCIS deny my wife's 485?





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  • smdfarooq
    06-09 05:33 PM
    Thanks you so much





    GlobeTrotter100
    10-11 09:51 AM
    H1 processing for 2nd time : First 6 yrs on H1 over!

    My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.

    Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?

    Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?

    When will I be able to enter the US : after Nov.2008 or Oct.2009.

    Any inputs in this regard will be highly appreciated. Thanks in advance.





    Prashanthi
    09-04 01:45 PM
    If the H-1 was filed as a COS you will have to join the H-1 company on October 1, as you will no longer be on L-1 on that date. If you H-1 is filed for consular processing, then you dont have to worry, whenever you are ready you can go to the consulate in your home country, get a visa and come back on H-1b status.