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  • arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A





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  • cool_guy_onnet1
    06-04 01:31 PM
    Hey,
    Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.

    Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
    I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.





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  • karthiknv143
    07-26 03:01 PM
    Please update the tracker





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  • dreamworld
    07-17 04:44 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.



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  • darsh678
    02-12 08:46 AM
    This is what i think as being optimist

    Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
    Even better will be if they have separate category and dont include in EB3.

    I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.


    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !





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  • karthikdurai
    02-01 09:11 PM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik



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  • sunny1000
    06-06 07:09 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Where did you hear this? Can you please let us in on your source(s)?





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  • rockstart
    10-05 02:55 PM
    That is a pretty impressive list of advisor's. Thank you IV for the great work.



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  • saratswain
    11-06 12:27 PM
    I did not have it either and I had tow A# number for me. This is what my lawyer did

    > Wrote a letter citing ref# to the porting rule
    > Submitted evidence

    I did it through my company attorney. I have full access to her though.

    Please send me a personal msg and I can give templates for the letter, it might help.

    Thanks for the information.

    Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.

    Did you use your own attorney?

    --Kiran





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  • redcard
    08-17 02:36 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie

    Sushie

    You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.

    In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,



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  • optimystic
    09-10 08:11 PM
    Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.

    May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)





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  • kaushik07
    10-30 08:13 AM
    Iam july 2nd filers for I-485, I-765 and I-131 at the Nebraska Service center. Haven't seen any activity yet. called the USCIS last evening and the answer I got is still not in the system. Is there anyone who is still in the same boat? please update!



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  • ita
    01-11 12:12 PM
    Jungalee43, Thanks for sharing the information. I've contacted Murali Bashyma too.He responded back saying he'll contact me tomorrow.
    Hope I'll get my AC21 concerns straightened.

    Thank you.


    I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.

    Here are contact details: -

    Murali Bashyam - Managing Partner
    Bashyam Spiro & Edgerton LLP - Immigration Law Group
    www.bashyamspiro.com
    919 833-0840 x28
    919 833-4722 fax





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  • gc_mania_03
    06-24 10:00 AM
    Even I am going back to school full-time with my wife on EAD with AOS pending. As far as I know there are no issues. If there are any specifics in your case, just consult your attorney.

    I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.

    -gc_mania_03



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  • ksiddaba
    08-22 11:43 AM
    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).





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  • vinzak
    01-04 11:34 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..

    When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.

    Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!



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  • pbojja
    08-15 03:39 PM
    My I140 is approved on 12th August . Looks like they found the transfered files atlast.





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  • diesel
    04-13 03:56 PM
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    http://www.aila.org/content/default.aspx?docid=22101


    What bill is that? Do you have the bill nimber?





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  • skothuru
    07-17 05:00 PM
    I think we can still file till July 31st as per July Visa Bulletin (released on June 12)

    This is AWESOME!!!!!





    ksrk
    08-15 02:10 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om

    Hey Omved,
    If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.

    Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...

    The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.

    I honestly can't think of any other options...can you?

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.





    madan
    01-10 08:11 AM
    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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