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  • Clive
    03-06 05:28 PM
    Hi all,

    I am new to this thread. I have a bachelor degree in Applied Science in IT and got it in about 1 and half years because I got an points exemption from my advance diploma. I also have 7 years of IT working experience and currently hold a H1B1 visa. H1B1 and H1B are not the same thing. The question is can I apply for my GC in eb2 category?

    Hope to hear from kind soul soon.


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  • ranand00
    02-09 07:03 AM
    Thanks for the reply
    I thought cap to non-cap transfer could be done anytime
    again if someone has similar experience or an attorney please reply

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  • andy garcia
    08-14 07:20 AM
    I did my masters in US and have got my H1 B status which expires next year. Had a few question. Just to add to my situation i have not got my H1 stamping done on my passport.

    Q1. Can i apply for an extesion without a visa stamp.
    A. Yes, you can. You only need stamp if you leave the US.]

    Q2. How early can i apply for an extenstion.
    A. Within 6 months from the first date of the H1 period.

    Thank you in advance for your help.


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  • kshitijnt
    08-27 07:48 PM
    Hello All,

    I am in a strange situation.

    My attorney is about to file my I-1485 this week.

    My details:

    Previous company:
    Perm PD: June 2006 EB2
    I-140 EB2 approved in Nov/2006.

    Current company:
    PERM filed: Oct/24/2007
    I-140 EB2 filed on Jan/31/2008
    trying to recapture the old PD of June/2006.

    Today, when I checked my I-140 status, it says "Request for Evidence sent" yesterday.

    What are my options now? I do not know if I am eligible to go ahead and file my I-485 now ? What are the implications if I go ahead and file my I-485 now.? Please let me know your ideas.

    Thanks in advance

    wait for the RFE. And respond to it first. Or you can go ahead and file anyway.


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  • papoopager
    04-03 01:09 PM
    It is possible. There is a relatively unknown technique called TT (abbreviation for Time Travel) which is also relatively related to relativity. When applied correctly, it is more effective than PD recapturing and labor substitution. That's how I got my green. If you like to know more, PM me and we can discuss my consultation fees and then see if TT is right for you.

    You are right , its possible

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  • jcrajput
    07-17 04:39 PM
    Sorry I can not answer your question. But I have one question for you see if you can help me.
    You said that by AUG 2008 bulletin, your dates are current.. Which date we should refer to? Date from I-140 or date from I-485?
    Can u pls help?



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  • Naruto
    11-30 10:33 PM

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  • waiting4gc02
    01-18 10:07 AM
    Is there anyway to get H1-B extension done fast ?
    Using Premium Processing or anything like that..??

    Please share your thoughts.


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  • chunky
    08-20 09:21 PM

    Hi All

    Is there a recording available for the last conference call with the lawyer on sunday Aug 19, 2007.

    If someone has the recordsing please post the link here.


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  • San_Chez
    03-10 03:26 PM
    Hello all:

    First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!

    I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.

    -Can I change my status to H4 until I get another job and then file for GC with new employer?
    -What are current processing times for H4 if applied from within the US?
    -Will I get subjected to H1 quota when changing back from H4 to H1?
    -I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
    -If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
    -Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?

    Any input is greatly appreciated.



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  • prathap
    04-08 09:03 PM
    My current H1 B expires on July 31 2011. With this I will be exhausting my renewals quota as my sponsoring company Wipro has not initiated GC process. Also when my last renewal was done, a mistake was done by Wipro Visa office. My first entry to US was in Aug 2004. After that I had gone out of US in Aug 2005 for 1 month vacation and returned in Sept 2005. Each time when we file for extensions, we give all the entry and exit dates. The Wipro visa office had incorrectly entered my first entry into US as Sept 2005 even though it should have been Aug 2004. Based on this they renewed my petition till July 31 2011. If we calculate now, it turns out to be the seventh year on H1. When I tried to change my employer this year, they looked at these details and informed that if I start GC process now, they will definitely calculate my dates and find out that I am in the 7th year of H1 without GC initiation. So they told it will cause issues and it would be better for me to leave the country after July 31 2011, wait for 1 year, sponsor a new H1 and then come back.

    Is there any alternative I have here? Thanks for offering help.

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  • redgreen
    10-14 01:47 PM
    It is mentioned by many that PD should be current at the time of GC approval. Is that right?
    I know people from India who got their GC approved when their PD is not current.
    One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!


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  • mailmy_gc
    06-10 11:33 AM
    Update your profile first, To get help from from members !!

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  • permfiling
    05-18 11:03 AM
    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Member of north calif
    dontation : $500


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  • hpandey
    08-20 12:36 PM
    As long as you have the proof of marriage and related documents you are all set. Filing taxes as single or married has nothing to do with the GC application of the derivative .

    Change of address is a slight point of concern so I would advise you to do it immediatly. Then everything should be all set. Make sure you have the same address on everything from now onwards - paystubs, bills etc which would be proof for future.

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  • gaz
    11-10 02:26 PM
    This may have been posted here elsewhere - what do you think of the legislative timeline Ron Gotcher has described?


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  • pezz77
    01-29 08:11 PM
    Hi all, I hope someone can provide me with some advice.
    I made an awful mistake today. I am in the middle of an H1-B transfer (company just signed application and sent to lawyer for sending to uscis this week) and moving to a different city for this job. I am moving this week and will commute to my old job until my notice gets accepted. My issue:
    I had prepared my AR-11 (change of address form) and had it sitting on my desk ready to be mailed once my application was approved (since my application and all documents had my old address from when they started the process). I took the envelope with other mail by mistake today and put it in the mail.
    Will this be an issue with the application? I don't know if they'll deny my transfer because of an address discrepancy or something.
    Please advise.

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  • vin13
    03-03 02:31 PM
    I think what they are saying is that after 150 days and no FBI clearance, then they are introducting an additional request and FBI will direct USCIS whether to approve the case even without clearance.

    If all these communications back and forth happens in a timely manner then it may not be too bad.

    Note:They are saying that most of the FBI name checks are being processed within 90 days.

    Hopefully this is not going to be a major issue.

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  • rajeev_74
    04-21 04:02 PM
    I think approved I-140 is the right stage. Why do we have to live in uncertainty after an application for immigration has been approved. It also makes sense to request AOS for 5+ years of H1 as well.

    12-11 01:22 PM
    I would like know if any of the IV members whose I-140 applications were transfered to VSC for receipting has been approved. If those IV members have received any kind of communication from VSC regarding processing of I-140 please post the details for benefit of other members. My case should have been processed at TSC, but was sent to VSC for receipting and has been stuck there for quite some time. It appears that VSC has stopped processing I-140's as of April 2006 and have not processed any applications since then. I would sincerely appreciate if members with I-140 at VSC to please post any updates they may have received. Any idea when I-140 PP will be reinstated?

    06-14 01:13 PM
    simple process. planning to do it myself. just make sure you have the right documents.

    I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we?

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