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    01-25 06:29 AM
    As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.

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  • seahawks
    09-12 02:31 AM
    Great work !!!

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  • us_employee
    08-24 09:25 PM
    Thanks Wandmaker, I think thats true based on my knowledge too. Attorneys, can you please confirm about the same. I really appreciate.

    Thanks in advance

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  • bayarea07
    07-18 04:02 PM
    There is already a seperate forum for that,in which a long discussion is already goin on, please post your questions there.


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    08-08 09:42 AM
    Hopefully your check is also cashed soon ...

    BTW did you get the receipt no ?

    Thanks for keeping us posted

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  • satyasaich
    06-28 09:36 AM
    Unless the first company cancels their H1B


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  • sidbee
    08-14 10:31 AM

    I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.

    Any information is appreciated.


    Budy this is an immigration forum, not a tax one.

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  • Nikith77
    12-11 01:39 PM
    thanks kevinkris for your response.

    So, every 15 to 18 months we will get FP notice.

    Did any one get second FP ( JULY 07 filers)


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  • mbartosik
    07-14 12:26 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.

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  • martinvisalaw
    06-15 05:07 PM
    I hope this helps


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  • kirupa
    06-20 06:20 PM
    haha, great story on how it all just worked :P

    Are you sure someone didn't plant those oranges for you to find?

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  • nirajnp
    06-02 04:55 PM

    My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
    Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
    Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
    Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?

    Any help would be appreciated...

    Thanks in advance...


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  • gbof
    08-26 10:56 PM
    My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
    A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.

    There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer

    Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...

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  • ca_immigrant
    04-29 09:06 AM
    I think this office has more folks...
    anyways, I do not know for sure.
    Last time I called I was on the phone for 2 hours waiting and talking to them for 45 minutes or so them trying to figure out what is wrong...they could not and was promised that I would hear back from them in a day...well its a week since then and no news...

    yesterday when I created this post I was in q waiting to talk to someone...

    waited for 3 hours and when I finally reached number 1 in q it was another 30 to 45 minutes wait (as #1 in q) but I guess they had already packed up for the day as I had called at 4 pm and reached #1 at 6:30 PM and at 7:15 PM they happily disconnected the call from q.... (which is not a suprise or is not the first time they did this)

    I also wonder under what basis our nice consulate stopped taking PIO and OCI application for a month (in Feb-Mar time frame) and now they are either heavily backlogged (as we are nearing the vacation season) or just that Travisa has no clue of thier act

    Travisa is horrible !!


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  • nychyd
    01-05 06:01 PM
    My H1B was filled 4 years back, with 20k less than what I am making as long as i making whatever i filed in H1, I should be fine..right ?

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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  • CSPAmom
    08-15 04:36 AM
    Thank you, Krishnam70. I will get an attorney's assistance. If anyone knows a successful case, please let me know. Thanks!


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  • camphor
    12-07 09:38 PM
    My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?

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  • tw00ne
    06-26 12:13 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...


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  • jatinr
    01-17 11:04 PM
    I have received 485 receipts and PD is field is empty. My I-140 which was already approved has the priority date specified in it.

    Anyone has this column filled?

    February 11th, 2005, 07:21 PM
    I like it. Very nice shot.

    11-03 11:50 AM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.