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jkamel5

06-06 02:49 AM

Hi,
I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
Thank you,
John

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BumbleBee

08-04 11:37 PM

Please consult a good immigration attorney, forum is good for general immigration know-how. Good luck with your case, I hope you get favourable result out of it.

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snhn

07-14 03:40 PM

Hello folks. Here is the overiview.

485 EB3 world, applied Augut 8, 2007. ND is Oct 8, 2007.

I just checked today and saw LUDS on my cases. NO lUD on 485 at all. (not approved) No LUD on AP or EAD. (these are approved)

These are all approved as well.

I129 LUd 7/13/2008
I140 LUD 7/13/2008
I290BLUD 7/13/2008 (I had to file because my H1 extension was denied. It was approved after the appeal. However, the status for this still shows received and we will let you know when we make a decision. this was 2 years ago. I have since then able to extend my h1 again.

No LUDs on EAD OR AP cases. NO LUDS of any kind for my wifes cases as well.


What does all this means. The messages are still the old ones, nothing new. Just LUDS on these cases. Does that mean that my 485 is going to be denied or that they might be looking at my case in the near future. does this mean that they may be looking for more information. Has anyone of you had LUDS on any of your old cases but not on your 485 case. I have ready somewhere that some got LUDS on older cases.

How is USCIS wokring on Sunday. 7/13 was yesterday and it was Sunday.

Please respond with your opinions.


Thanks!

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gccovet

06-06 10:43 AM

Hi,
I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
Thank you,
John

Like PMAT mentioned, I-539 is to be used, and you can do it by yourself, if you'd like. Download the latest form from http://www.uscis.gov/files/form/ (immigration forms).

You will need, I-129, photocopy of your passport, your I-94 (current), Photocopy of Marriage certificate.

HTH
GCCovet

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gc_on_demand

01-14 02:57 PM

Hello Sir/Madam,

I came to US on H1B visa and recently i switched my job.My previous employer (INDIAN Employer) is asking me to return original H1 petetion which they filed.

Can anyone please help me with below queries
1. Do i need Original petetion from previous employer for Green Card processing ?.
2 Should i return H1 petetion or not to my previous employer ?.
2. Is it legal requirement that i need to return original H1 petetion to previous employer who filed it ?.

I would really appreciate and thankful , if you clarify my doubts.

thanks in advance


You can return top part of petition and keep lower part with you. Before giving back just make a noterized copy with you. just in case.

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lazycis

10-17 12:06 PM

Thank you! Hopefully 8c/page is not big money for me.

All you need is History/Documents report to check upon the status. So that's 8c per case. Opinions are free in PACER.

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neeshpal

07-19 10:04 PM

In my opinion, Yes

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theMan

03-10 12:14 PM

I have traveled many times on AP and not once was I asked about EAD/797. That said, there is no strict rules. Maybe you can keep a copy of the above documents and explain why you lost the originals.

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lincoln

01-20 03:32 AM

Divak, Please see this link:
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf

If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.

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Biking

05-30 04:54 PM

Can anyone tell me how long it will take to receive card after receiving welcome email?

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eurosickwitit

04-23 07:10 PM

Wizard and Uber, what font do you think would be better??

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a_yaja

06-25 02:11 PM

Guys,

How to create the new thread?

Thanks
Have you ever visited the "Forums" section of IV?

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Dhundhun

06-11 12:55 PM

... But the consulting firm advised against it as according to them if she re-enters in H4 (even before Oct 1) while her H1 approval is pending, her H1 application will be cancelled and she has to restart the process all over again. Something to do with the last status on re-entry.


I think this issue used to be there. Why do you think otherwise? COS is not computerized to happen on Oct 1. It is manual process, while approving H1B, it is done. When someone enters after that on H4, then that COS is overwritten.

What lawyer is telling in this regard?

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04-16 01:45 AM

That is the sprite of link walking right, this one is a WIP, got some font and organization issues. Thanks for the condtructive feedback RadioactiveChimp *sarcasm*. Thanks Kman.

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mrajatish

01-24 12:25 PM

Friends,
Please visit the thread
http://immigrationvoice.org/forum/showthread.php?t=3018
and email me at mrajatish@yahoo.com if you are a Washington, Oregon or Idaho resident. Once I get a critical mass, I will set up a conf. call.
Raj

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GCwaitforever

06-27 10:06 AM

In addition to doing QA, please continue with your current responsibilities also so that job profile would not alter too much from what is given in the beginning.

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EAD

02-28 02:49 PM

Hi Guys,

I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.

Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.

Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�

Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�

Thanks,

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gc28262

06-11 03:53 PM

Admins,

I get the following error message when trying to access the thread "EB2-EB3 Predictions (Rather Calculations).."

This webpage has a redirect loop.

The webpage at http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-294.html#post1963467 has resulted in too many redirects. Clearing your cookies for this site or allowing third-party cookies may fix the problem. If not, it is possibly a server configuration issue and not a problem with your computer.

Here are some suggestions:

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ruchigup

05-01 12:55 PM

Hello all,

I received an RFE for employment verification. My ETA 750 list Occ Code as 15-1061 (Title - database Administrators). But in my new job I am working as .Net developer where I work with front end and back end development of their website. I work in C#, ASP.NET, java, Flash.

My attorney asked me to find tasks matching with O*net description of Occ Code 15-1061 . None of them directly relate, but some or part relates. Am I in trouble because I no longer work in database development.

In my new job I am working on H1-B

Thanks

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baahubali

09-20 04:00 PM

Dear Gurus,

Is it possible to file I-140 under premium processing with substitute EB3 labor?

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johnmcdonald98

04-07 08:48 PM

If your processing date is current, if your PD is current, and if you are name check is cleared, they most likely be processing or processed your case.

If your processing date is current, if your PD is current, but if you are name check is not cleared, and so as per new rule, they will process your case in a month or so.

If your processing date is current, but if your PD is not current, but if you are name check is cleared, most probably they will pre-adjudicate your case. So the day your PD becomes current, you will get your GC. In this case if your NC is not cleared, you have to wait another month as long as you are above 180days of NC waiting...

If your processing date is not current, but if your PD is current, I have seen people getting GC, so I believe they must have cleared their NC. But I don't quite understand this scenario...


this is just my belief from the pattern i have seen so far, correct me!

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matrixneo

10-20 12:51 AM

Hello IVians,
I need to give power of attorney to someone in India, currently I'm residing in California.
Anyone has recent experiences about the process, please share...

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Pagal

06-29 06:45 AM

Hello,

Honesty is almost always the best option.... here would be my answers:

1. I came to US for work and have found US to offer challenging work environment full of opportunities. After working for 6 years, I would like to upgrade my skillset and hence, the decision to go for education
2. In this global economy, it is hard to plan exact details, but I believe that with my US experience and added education, I should find a rewarding position anywhere in the world
3. I've attached the papers of my home in Pakistan where I intend to return in the long run, but most probably I'll have to move to the place where I'm offered the job after my education

Of course, there is no gurantee that the USCIS will respond positively to honesty, but at least your friend's conscious will always be clear.... good luck to her!

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cbpds

05-24 02:30 PM

hi,

I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.

If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?

2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?

Appreciate your answers

Thanks

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iluvgc

08-26 04:14 PM

Should be TRUE...as USCIS can use the SPILL OVER VISA # only in last month ...!!!

Hope we red dots will be the first to get spill over visas :)

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aj_jadeja

06-16 05:04 PM

(1) USCIS allows adjudicators to processes benefit applications without complete

FBI or CIA fingerprint checks on the assumption that the results are negative if

there has been no response within 40 days;3



so why are ppl stuck for 2 to 4 years in security chks ?

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gevgelija50

11-28 07:59 PM

As I understand the process, if your date is current, the USCIS will accept your application - meaning they ARE processing applications with a priority date matching or exceeding yours.

During the July 2007 fiasco, the cut-off dates were current, allowing everyone to apply. If we submitted our application and the date is current at the time, why do we have to wait until our date becomes current again? Shouldn't they process the application within 6 months or less?

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arnet

08-22 07:11 PM

not sure about I-140, i think it should be ok to mention your spouse name but check with your immigration lawyer about this.

NOTE: as far as i know, if your wife is in H4 visa, you can file her AOS (I-485) as your spouse. But if she is in F1 visa, you CANNOT file her I-485 as your dependent along with your I-485 since she is in F1 student visa. but check with your immigration lawyer about this..

Disclaimer: I'm not an attroney so Consult an immigration lawyer about your situation.



I am on H1-B, and about to apply for I140.
My wife has recently got a F1 visa (and her H4 visa has been left valid).
I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

Thanks in advance,

Ace

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MD_123

11-15 05:09 PM

Does anyone know what email / letter(s) one should get when the GC is approved ?

I received this email two days ago:

On November 13, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours.

Does this constitute as a GC approval ?

I read in other threads that a "card ordered" email follows the GC approval but I haven't received the email (nor the physical card yet).

Does it normally take 1 or more weeks for the physical card to arrive after approval ?

Thank you for any insight you can provide.

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Nole2007

07-02 03:49 PM

My situation is tricky here. I would really appreciate any inputs.

My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:

Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.


Please guide me through the process and any scenarios. Thank you in advance.

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04-12 05:28 PM

Thanks.

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anukcs

04-19 05:16 AM

Can we use EAD to work on 1099? Is there anyone using EAD with 1099 looking into this forum. Please let me know.

Thanks in advance

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04-01 03:15 PM

Huh? Call me old-fashioned but this bloke would rather be matched with someone who has...well, bits that don't dangle so much if you get my gist.

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nagu

02-26 07:07 PM

On this case, I am getting mixed anwsers

Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).


Second lawyer is saying that i should stop working on denied petition.


Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess

In fact, I am planning to get advice from murhty too...

Any thoughts on this.

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nochoice

12-18 09:50 AM

Gurus, please help. Can anybody throw some light on why my LUD has changed on I-485. Could it be because of name clearance.

Are you in a critical situation that needs important legal advice?

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rajbasa

11-17 07:00 AM

Me and my wife received our EADs and our H1/H4 is valid till 2010.
My wife is attending school being on H4. Since she has EAD, can she work part time(not in school) and keep the H4 status valid.
Please suggest.

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gcfriend65

07-10 08:24 AM

A Senator from Louisiana who vigorously opposed the CIR along with Jeff Sessions has been exposed to have links with the D.C. Madame.

Please follow the link:
http://public.cq.com/docs/cqt/news110-000002547138.html

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loveiv

07-18 09:38 PM

any suggestions on how to expedite processing


Donate 1 million dollars to USCIS, they will come to your house to handover the card. I believe that is the only way you can expedite, as for as I know.

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mm1

10-16 11:20 PM

Actually how could the employer pay him before his visa status is activated. His visa status is activated only on 1st of october. and his status was changing from h4 to h1.

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martinvisalaw

01-13 03:12 PM

Provided that the H-1B extension was filed before the prior H-1B status expired, you can stay in the US and work for that employer while the extension is pending.

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05-10 01:45 PM

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enggr

10-06 03:06 PM

Readers,

My I-797 expires on Dec 20th 2008
My 6 year term of H1b is between 2004 Oct till 2010 Sep
My previously filed PERM & I-140 are under the verge of rejection due to a pending RFE.

I am planning to file another PERM. Even though I'm trying to do it ASAP, I'm wondering whether I have an advantage on filing new PERM before Dec 20th 2007.

While applying for H1B extension in Dec 2008, If I have an approved labor/pending I-140 I thought I could request for 3 year extension. If I don't have labor/I-140 pending I can only request for 20 months extension (as my 6 year H1B term ends on Sep 2010)

I read from a site that...

"One in H1B/H-4 status can extend to the end of the 6-year limit, and then take advantage of the provisions allowing extensions beyond the 6-year limitation, if the labor certification or I-140 was filed at least a year earlier."

When I asked this question to my attorney he said

You can file for an H-l B visa extension up to 6 years. You can only file for an extension past the 6th year if your labor certification and/or I-l40 was pending for more the 365 days prior to the 6th year on your H-lB Visa status. If not and your labor certification is approved and the I-l40 is pending then you can only request an extension in one (l) year increments only until a final decision is made.

So does this mean I can only request for a 12 month extension if labor/I-140 is pending on Nov 2008?

Readers, Please provide me your guidance....
Thanks in advance

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01-22 10:57 AM

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05-24 08:11 PM

if you're dragging the object in the scene, that would scale the object. to move the camera, click in an empty space and drag (to zoom, right click and drag).
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roseball

07-26 09:00 PM

Hi,

I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).

so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.

Thanks,

Rajeev

First, your attorney needs to call USCIS and ask if they received your application and get a receipt number. Then, you can file a form I-907 to upgrade it to premium processing. Moreover, you cannot start working for a company until you get a receipt notice, so this could cause issues to you incase you already started working. Have your attorney contact USCIS asap and track where your application packet is.

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