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  • jonty_11
    03-14 03:12 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...

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  • grupak
    12-13 04:11 PM
    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?

    If you are from a non retro country, EB2 will help. Otherwise not really.

    To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.

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  • gc_check
    01-17 08:21 AM
    Refer to the below url for more details.,,id=96287,00.html#apply

    Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.

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  • vxg
    04-19 08:16 PM
    I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.

    It is not clear from the previous posts if this is a problem.

    Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.

    My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
    I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.


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  • eb3India
    05-22 09:22 AM

    I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.

    However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject

    for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.

    as I write I am googling on this subject and will provide my findings

    between, guys we are all in a same boat we should work collective to get out of this mess

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  • pointlesswait
    01-21 11:22 AM
    it sounds like it came right out of his a$$
    This rumour sounds like its straight out of timesofindia :p;)


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  • hary536
    05-20 11:28 PM
    Dear Parshanthi Mam,

    Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?

    Thanks a lot again.

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    Not a legal advice
    US citizen of Indian origin

    Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.

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  • mbawa2574
    08-04 09:16 AM
    Got a IO who was very detail oriented. She was good. According to her they are processing cases filed between June 16th and July 16th 2007. My name check is not cleared but she told that they have been updated on the new NC memo. Name check not required to approve an application, At this point of time , they are trying to approve old application with NC pending who have visa number available.


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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?

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  • sravani
    05-24 09:22 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.


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  • howzatt
    08-15 11:34 AM
    What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?

    How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.

    I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).

    Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.

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  • small2006
    07-11 12:14 PM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?

    Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.

    I have anyway taken another info pass appointment there again just to try my luck again.


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  • pd_recapturing
    06-01 06:39 PM
    Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?

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  • Bytes4Lunch
    03-11 11:46 AM
    Please go through the following thread. This is recent:

    Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.

    Most attorneys are of the view that one can use the AP to travel back in to the US even though his/her H1B visa stamping is delayed/denied
    Read Attorney Sheela Murthy's take on this at (I have pasted it below from the website)

    Question: Hello, Sheelaji. If one had both an H1B and advance parole at the consulate abroad and the H1B visa gets rejected, can one enter the U.S. on advance parole? Thank you.

    Answer: Yes, a person is allowed to enter on the AP unless the H1B denial was based on fraud or a security concern. In most cases, there is no problem, and the consulate returns the PP to the person who can then enter on the AP even if the H1B visa stamp is denied or delayed. Jul-19-2004.


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  • greencardvow
    08-03 07:12 PM
    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

    Reason: Employer didn't follow labor rules in paying for some of the other employees.

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  • mjdup
    01-24 11:41 AM
    dionsys> How much have you contributed thus far? May be you should involve in one lobbying effort and see what the core goes through, walk the talk please !


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  • optimist
    09-28 09:02 PM
    Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?

    If you have any experience doing this, please do share it here.

    Thank you.

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  • prasadn
    04-07 05:15 PM
    I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

    Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.

    From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.

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  • sac-r-ten
    03-22 11:03 AM
    Thanks Sac-e-ten,
    My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have we need to file appeal through lawyer company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...

    Yes, i think you have to appeal through a lawyer.

    1. BTW what questions were asked to you during interview?

    2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?

    If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.

    Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with for that.

    Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.

    Hope things get resolved for you.Good luck.

    10-09 05:56 PM
    for your help in the past and look forward to continue working with you.

    06-14 03:47 PM
    very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question
    I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.

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