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  • nmdial
    08-21 12:54 PM
    My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.

    ------------------------------
    LC and I-140 Approved; EB2 PD 22 Feb 2008





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  • dealsnet
    11-16 04:16 PM
    Hi,
    I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
    Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
    Any suggestions will be highly appreciated.

    What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
    NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
    SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.





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  • pappu
    01-02 08:21 PM
    Immigration voice is needed in that country too!





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  • reddymjm
    09-16 06:55 AM
    The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.



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  • waiting4gc02
    10-12 02:32 PM
    Guys:
    I know this has been asked gazillion times but jsut wanted to make sure I got it right.

    On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
    The date when this is done is June 13th as seen on the LUD.


    So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.

    Is this correct ??

    Thanks
    PD: Feb'02/EB-3/INDIA





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  • loudoggs
    10-27 12:16 AM
    I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.



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  • giveme_gc
    10-17 02:38 PM
    I have got federal loan under this same situation. Wondering why you need a private loan ?





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  • thehulkdeals
    04-11 09:49 PM
    Hi all, I need help in explaining my situation if someone can help me . Here is my info that I know
    EB3 ROW
    PD : April 6, 2006 (PERM)
    July Filer.
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    I want to understand the process so I can know the meaning of the Visa bulletin based on my situation.
    I am guessing that right now I will have to wait for my i140 to be approved first before I can talk about i485. I checked the processing time for i140 at TSC and it is August 15, 2007. Any crazy estimate when I should get the approval?

    Once my i140 is approved then I can look and match my PD with the visa bulletin EB3 ROW for adjustment of status.

    I know there would be some more steps than these above. But are these statement above correct/incorrect?

    Thank you very much



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  • itsjoe
    07-20 12:21 PM
    Hi All,

    First off, thank you for taking the time read this.

    Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.

    Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.

    Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.





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  • GC_SUCK
    03-30 09:52 AM
    Guys, have not heard any thing about my I-140 PP.
    I was mailed on 03/23 thru DHL. Is it normal. I was thinking they will approve it in 5-15 days?

    Any one who recently filed concurent?



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  • frost_oni
    04-09 05:40 AM
    they're all very good! :thumb:





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  • newlab
    08-18 07:33 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.



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  • alien2006
    07-14 01:25 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.

    This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.





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  • ssingh462
    08-23 04:41 PM
    If I want to do premium processing of my H1 visa, how long does it take for an approval or denial ?


    Actually I had an H1 visa 2 years back and when I had my baby I quit my job and my H1 was cancelled by my company. Now I am on H4 and want to work again. But no company is doing H1 these days without a job offer in your hands and even if I get a job offer no client company is willing to wait for a long time for my H1 approval. So, I wanted to check my options with premium processing. How long does it take if I go for premium processing of H1 visa ?



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  • I_need_GC
    07-02 09:56 AM
    You need to turn in all your I-94 cards, e.g. I-94 below the H1B approval notice, change of status. When you re enter the new I-94 card will have a new number so old ones if you kept would become useless. I would highly recommend that make copies of all your I-94 cards at I-485 they can ask you provide old I-94 cards Have seen cases where this has happened.





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  • prav27
    01-20 01:01 AM
    Hi,
    In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
    What should be entered for H4 visa holder whose 485 has been filed.
    And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?


    Thanks



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  • guyinus
    08-30 05:36 PM
    Hi,

    My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
    My query:
    1. Do I have time until 2009 (mar) for filing the Labor?
    2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?

    Thanks in advance





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  • santa123
    06-18 07:37 AM
    I need to clarify if you are working for employer A for say BS+7 yrs and want to apply GC through Employer A then the 7 yrs exp is not counted against experience ( very rare cases it can be considered if the new position is completely different)

    IF you are processing your GC for future employment with say Employer B then the 7 yrs is counted.

    Did that clarify your doubt

    Thanks for the clarification.





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  • Scythe
    07-12 01:03 AM
    Why is Pacman running away from the blue ghost?





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    07-04 02:06 AM
    Good one!





    permfiling
    09-27 10:40 PM
    hi smuggymba,
    As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.

    Take the advise of your attorney as well



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