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  • martinvisalaw
    02-15 06:54 PM
    You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.




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  • casinoroyale
    08-22 09:42 AM
    I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.

    In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.

    By the way, this is the only way one can re-instate their H1-B status after using EAD.


    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..




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  • test101
    07-17 08:24 PM
    I have to agree. WE need to send him thank you flowers. he worked on helping us.




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  • milind70
    08-15 08:34 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.

    I dont think that is the case please refer to question 37 in FAQ 3.



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  • beautifulMind
    06-28 10:31 PM
    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this




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  • Munshi75
    05-02 07:46 PM
    Just made a contribution.

    Thank you guys



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  • Jaime
    09-06 04:49 PM
    I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).

    You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!




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  • phillyag
    02-12 03:36 PM
    I am not sure what my status is at present.

    I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.

    My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.

    I do have the EAD permit and the AP which I presume is not being used at present.

    Please provide some guidance. My lawyer is not responding.



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  • imneedy
    05-02 09:25 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....

    beautifulMind - does your new I-140 have old priority date from EB3?

    I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!




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  • coolpal
    02-09 10:02 AM
    ****SPAM ALERT!!!*****
    Block the posts from the new spammer member "iamlove649". He/It is posting messages with some advertising at the end to all the threads...

    pal :)



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  • check_name
    07-24 07:33 PM
    thank you very much for the info.
    I will check Joe Hohenstein out to see whether he is interested in my case!

    - Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
    in the Northeast. Joe can take individual emails at joe@orlow.com;
    because there may be a lot of emails, please allow for a delay in the
    response. If the questions are get to be more detailed, he would talk
    about treating them as an initial consultation, which is $100.

    http://immigrationvoice.org/forum/showthread.php?t=1088




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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?



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  • chanduv23
    08-19 11:06 PM
    You are the biggest heros and inspiration to all. Hats off to you guys.




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  • tinuverma
    10-23 07:37 PM
    yeah.....Tuscon...sorry
    I live in OKC...so Tulsa comes by default.



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  • maristella61
    04-19 04:04 PM
    My PD is now current and i will be filing in May !
    My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
    Thanks in advance and good luck to all who are still waiting.
    :confused:




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  • bekugc
    07-18 03:08 PM
    These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)

    if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!

    if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.

    :-) why get mad and just blame one person?



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  • kondur_007
    09-22 02:57 PM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.

    1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.

    2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.

    So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.

    Good Luck.




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  • coolpal
    03-30 10:43 AM
    If your GC is getting approved today, then your priority date should be current, so I assume you will be (or would have) applied for dependent 485 for your wife (and son?) so they are going to be on AOS...

    ..or, am I missing something?

    pal :)




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  • mundada
    02-19 09:31 AM
    I am in similar situation as my parents are coming this year.

    Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!

    However, because of this misuse geniune people do not have this option anymore.

    Here is what I am thinking:
    1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
    2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.

    Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.




    prasad_2007
    06-01 09:07 AM
    Liaison International
    (Comprehensive Coverage Plan)

    All insurance or in same boat.




    logiclife
    01-05 01:42 PM
    In addition to that, there is a 90% chance that there will be an inquiry from USCIS when change of status petition (B1/B2 to H1) is filed, mostly asking the routine questions and the query would have to be replied by a good attorney in a proper manner.

    That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.

    Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.

    Also, please dont open 2 threads for the same question. I am going to delete the other thread.



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