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  • wandmaker
    11-17 12:20 PM
    BTW, the easiest way to get back to H4 status is by reentering the country using H4 visa. For which, you will have to maintain H1 status, if you want her to have H4 status in the future.

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  • jaocanada
    05-17 10:07 PM
    Anyone here who is in the same situation?
    I know my PD is in Aug 2006 and was casually checking the I-485 Receipt Notice I got during the July 2007 fiasco. Surprisingly, the "Priority Date" box on the notice is blank.
    "Received Date" and "Notice Date" are correct though.

    Anyone here in the same situation?

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  • sathyaraj
    10-01 10:36 AM
    Hi ,

    I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.

    I have the following qns:
    a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.

    b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?


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  • nogc_noproblem
    04-09 05:06 PM
    Since you have Valid H1b, using H1b is better option. EAD � you need to renew it every year. If you are in EAD, then you have to have AP (if you want to travel abroad) which also you need to renew every year.

    If anything goes wrong in your I485 (just in case) you will be in trouble, but that is not the case if you are in H1B. I am not saying EAD is bad, but comparatively Valid H1b is a better option.

    If your previous employer won't revoke I140, then no issues, even revoking of approved I140 by your previous employer will not have any effect as you have completed 180 days after filing your I485.


    i got my i140 approved ,i-485 applied >180 days with my old employer.i have my h1b till 2010.Now i got an offer from a new company who is willing to do my h1b transfer and they said no need for doing labour,i140 again.
    i am confused. is that safe if i do h1b transfer and keeping old employer's i140.(they won't revoke).Are its better to use ead to avoid confusion in GC process.pls show me the light.


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  • rockyrock
    08-03 10:00 AM
    I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?

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  • Blog Feeds
    06-02 09:40 AM
    Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law. Even as several states are enacting marriage equality laws and anti-discrimination laws are moving forward around the US (including here in my home town of Memphis), the antiquated Defense of Marriage Act prevents USCIS from treating these families fairly. The UAFA would be a huge step forward. The Senate will have its first hearing on the bill tomorrow. My friend Chuck Kuck, president of the American Immigration Lawyers Association, has posted his written statement here. Thanks to reader...

    More... (


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  • InTheMoment
    06-16 05:04 PM
    Use I-134 instead which is used for EB petitions.

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  • a1b2c3
    12-31 02:31 PM
    gc gives me flexibility and I intend to use it to further my career goals rather than keep whining about the bad economy.


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  • pvpb
    10-15 01:49 PM
    My checks got cleared on was sent to VSc...maybe your will be next.

    Hi ,
    Iam also in same boat. Application reached USCIS NSC on Aug3rd. Signed by Kujera. No updates till now.

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  • pmat
    06-06 09:51 AM
    There is a change of status form available on USCIS website. It is called I-539: D

    Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.

    All the best.


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  • roseball
    03-08 09:30 AM
    thanks for the update..I hope they pick up the H4...

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  • roseball
    08-06 10:20 AM
    In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".

    My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.

    Can I file another petition if this petition is rejected?

    Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.


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  • STAmisha
    07-27 07:33 AM
    I'm in similar siutation. please message me

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  • glus
    04-15 07:24 AM
    I suppose you are doing consular processing? Right? Well, when the consulate is aware that your PD is about to be current, and if all other tasks are completed, they should send you packet 60-90 days in advance of your interview.


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  • number30
    04-21 11:49 AM
    I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????


    Yes you are in Status assuming that your H1 will be approved.

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  • javadeveloper
    08-13 11:27 PM
    No one Interfiled so far??


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  • desibechara
    10-16 10:52 PM
    Finally after numerous logins at USCIS, I saw today..Request for additional Evidence sent
    on my I140..I only happen to see when some other guy with Eb3 Pd2005 and Rd of August 15 got his I 140approval...
    so I logged in to see ..I too have LUD

    I wonder what it may be because I had sent all my W2s since my PD of 2001..

    My friend from my company had also received RFE for TAX papers last year. She sent it and was approved..

    Hopefully I am too..because I never changed jobs working for the last 8 years....and had prior necessary experience before joining my current 1 year in current job

    PD Oct 29, 2001, RD aug 8, 2007

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    11-25 08:51 PM
    My I-485 was filed in month of August 2008 under EB2 .I was laid off from my I-485 sponsoring employer(A) in month of August 09 and i took another Job with employer (B) in same field in month of Sep 09. I did not file AC21 as my previous employer's(A) attorney advised not necessary to file AC21.Now I am getting new offer from another employer(C) in same position but this new employer(C) wants me to file AC21 .

    What are my options now? Should i file AC21 for employer (B) first and then file AC21 for employer (C) or should i directly file AC21 for employer (C).

    I will greatly appreciate your reply.

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  • sparklinks
    02-28 05:57 PM

    I am on F-1 visa since Jan 2007. and got started my OPT in August 2009. I have on campus income through out the year in 2009. so how do I file the taxes, n which forms. for tax return 2009.

    also I got married to a F-1 student in Jan 2009. She is also having her OPT started in August 2009. She has income only on OPT (from Aug to Dec 2009) so which forms she should also file.

    my wife did paid her college fee in Jan 2009. and we have paid the rent through checks on leased apt.
    So can she/we ask for deduction of any kind?

    also which status we have to fill in. "Married filing jointly/separately".

    please reply as soon as possible.

    Suggesion to file 'Married filing jointly'.

    If both of you having 1098 forms from school you can file for Hope-credit (each gets $2500 credit, thats huge amount :) ). You cannot show the Apt. on tax form.

    07-14 07:16 PM
    Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?

    I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.


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