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  • glus
    11-06 02:34 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.




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  • panky72
    06-19 03:43 PM
    As far as I know, NO he cannot.

    That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.




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  • ash0210
    08-20 10:04 AM
    Bravo..!!!




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  • PD_Dec2002
    06-24 10:58 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant



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  • Aura M.
    02-21 03:24 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.




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  • JunRN
    08-09 02:57 PM
    My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.

    I still have 20 days left before I could get my RN based on the rate of receipting recently.



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  • imv116
    03-01 07:15 PM
    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116




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  • supender
    12-27 02:19 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice



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  • itsmesabby
    10-13 10:04 AM
    I filled the renewal with the same employer as well. The documentation requested at the counsalate depends upon the officer. He/She may or may not ask for any documents.




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  • vikki76
    04-21 05:43 PM
    This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through



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  • ak_2006
    04-30 06:08 PM
    5:30 PM: Shumer concludes the hearing saying that it's not going to be easy, but I think we're going to get something done. Thank you.




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  • kirupa
    07-20 08:45 PM
    What exactly do you dislike about it?



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  • CRAZYMONK
    09-27 10:56 AM
    You have to file PERM again also I140




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  • rajivkane
    12-08 11:17 PM
    Guys!

    Thanks for your answers.


    Regards,

    Raj



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  • MrDesi
    02-07 09:47 AM
    Hi Friends

    May be it is repeated and simple question, but some how critical to me.

    Experts, Please help me in addressing this,

    BackGround:

    A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.

    B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.

    C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.

    Questions:

    1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
    Please share your experiences if any and possible questions during interview.


    2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?

    3) Do volunterily mention about the 485 pending or officer might ask ?

    Thanks a Lot.




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  • UKannan
    05-27 11:20 AM
    may i make a sincere suggestion. Please, go back to school, take a course in english grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified eb2 applicant. No pun intended.

    :d



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  • desi3933
    07-09 10:30 AM
    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?

    You are ok, if are on EAD and in AOS pending status.

    I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.

    _____________________
    Not a legal advice.




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  • leoindiano
    03-25 01:55 PM
    my and my current visa status
    I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx

    Please remove the number




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  • RLNY122004
    06-17 01:48 PM
    I posted this on other thread on June 15th. Our I485 approved on June 15th. Please see signature for details.




    hpandey
    01-03 12:15 PM
    But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?

    Thanks

    You don't necessarily need an AP to travel if you have filed for AOS. If you have a valid H1 unexpired visa you can travel on that. You wife would need to get her H4 visa stamped to come back to US.

    It is a matter of choice if you want to use AP for travel or your valid H1/H4 visa.




    srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.