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  • somegchuh
    01-07 11:56 AM
    It should not be a problem. Our GC's were approved when we were overseas and we came in using AP's.
    Try to bring print outs of approval from USCIS website. If you have that, they will admit you as a PR. I tried explaining but they didn't listen and used the AP. If you have a printout they willl stamp your passport as a PR and let you in.

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  • prashgoy
    11-21 05:39 PM
    My wife got her H1B approved couple of months back (Sep 2008). She did not get a job till now (Nov 2008) due to the market conditions. We need to travel to India early next year and have to do visa stamping.
    1. Can she go back on her H4 and then go to India and get it stamped? She had been on H4 since Oct 2003 up until Oct 2008 (when her H1 became valid). If she goes back on H4, how long will it be for? Does her clock for 6 years of H4 start again after this change back from H1?
    2. Once she comes back from India, can she look for a job and get back on the same H1? Will she be required to go through the cap? How much time will be remaining on her H1 (6yrs - 2 months that she worked)?
    3. Please advise if there are some other options to keep the H1 (do not want to go thru the cap again) but not getting it stamped when in India. If we get paystubs from the employer for some months on H1, will that help?

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  • sirisha
    06-19 07:30 PM
    Hi: Need some inputs from the excperts in this group on using the priority dates from a different I140 filing.

    Have the following 2 cases filed for the same person.
    PD - Nov 2004 - EB3 - Labor Approved - I140 Filed
    PD - Oct/Nov 2005 - EB2 - Labor Approved - I140 Approved

    If we file I485 based on the I140 approved for EB2 case [which has a later PD], can we still send an update to USCIS later regarding Nov 2005 PD and use that PD once the I140 from the EB3 filing is approved? What's the best way to use the highest EB category and oldest PD in this case?


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  • gman
    07-21 06:21 PM
    I am a July 2007 filer. I filed for I-485 using the old fee structure and also applied for AP in July 2007. My AP got approved in 07 but expired so I had to apply for AP in Aug 2008. So I filed in Aug 2008 and paid $305 for AP fee. Now it's to reapply for AP as it expires soon; however I was under the impression that I wouldn't have to pay for AP fee again. I sent the forms to USCIS but the AP package got returned as they claim i don't qualify for free fling.

    Anyone else in this position (I am assuming a lot of you guys are... please share your experience). Do we have to pay every year for AP?



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  • GetGC08
    07-30 02:11 PM

    In my LCA(H1B) Prevailing wage is $ 55K & in my Labor(PERM) application Prevailing wage is $ 65K.

    My labor(PERM) has been approved & I-140 is in process at TSC.

    My question is
    This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??

    I am getting paid as mentioned in LCA i.e. $55K.

    I will greatly appreciate response.


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  • katharina
    10-09 01:18 PM
    I am currently in the US for an internship. I would like to change from the J1 Visa to a Tourist Visa. Is this possible? and where will I be able to get information and the forms?
    I would appreciate any help


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  • bigboy007
    08-24 03:56 PM
    When one applies for AP in Multiple entry category they will be given 2 AP dox. lets say if one has used both on travelling like both has stamp of POE can they reuse the same for future travel with in the one year period of validity ?

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  • ramus
    07-31 07:31 PM
    Please contribute to IV and also participate in DC rally...


    Please update your information at http://www..com
    This will help you and all.


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  • Blog Feeds
    09-09 07:20 AM
    Nextgov.com reports: The Homeland Security Department plans to establish a database of immigration data that will identify fraud in applications for benefits, and provide information to intelligence and law enforcement agencies. DHS will create a mirror copy of multiple databases the Citizenship and Immigration Services uses to award federal benefits to immigrants and nonimmigrants and develop a single user interface employees use to access the stored information, according to a notice the department published in theFederal Register on Wednesday. The Citizenship and Immigration Data Repository System of Records, which will include real-time updates and a search engine, will allow officials...

    More... (http://blogs.ilw.com/gregsiskind/2010/09/dhs-to-develop-single-searchable-immigration-database.html)

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  • uslegals
    01-10 09:02 AM
    Admin - please block this SPAM from "Occamnben"..


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  • smssharma25
    12-06 09:06 PM

    I am trying to change my job from PM to technical lead. My labor was filed for computer systems manager. Will technical lead come under the same category & occupation as computer systems manager?. New employer agreed to give me similar job duties in EVL & I am getting 40% hike. Is it wise to use AC-21 here?.


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  • mgarvey
    08-06 08:08 AM
    I can not find my old ead can i still file or what is the process.need help please


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  • Blog Feeds
    12-01 09:00 AM
    HuffPost Hill reports on how some of the middle of the roads are planning to vote Thursday on DREAM in the Senate: REID FILES CLOTURE ON DREAM ACT - The bill to create a pathway to citizenship for the children of undocumented immigrants who either attend college or enlist in the military will get a vote Thursday. One fence sitter, Democrat Mark Pryor, will courageously oppose the the bill because it ain't popular in Arkansas. "I will probably be against the DREAM Act, probably on both [cloture and final passage]," Pryor told reporters in the Capitol today. "For one thing,...

    More... (http://blogs.ilw.com/gregsiskind/2010/11/bennett-leaning-yes-on-dream-prior-no.html)

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  • smartimss
    10-24 08:06 AM
    Two friends of mine were in the same situation.
    In both cases dependent children were approved first, then primary applicant
    (in one case in a 6 month after his dependent)
    Thank you for your information neoklaus.


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  • sunnysunny
    11-29 03:46 PM
    thanks wandmaker for the reply

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  • mgakhar
    04-03 08:16 PM
    Hi All,
    Im in the process of filing a new GC in EB2 category which eventually I will port to my older EB3 application. I wanted to find out if we need to do our Medical exam again during the I-485 stage?



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  • vinabath
    08-30 09:12 AM
    is this a visa renewal??

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  • GoneSouth
    11-12 04:57 AM
    Hi Folks,

    Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).

    My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.

    Any help would be greatly appreciated !

    - GS

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  • LondonTown
    10-14 02:51 PM
    Check your processing status on-line here:


    Folks does any one have some info what are the processing times at Dallas and Phili. My LC is pending 2 years. Does anyone have any info what year cases the Dallas and Phili are processing.

    Thanks much

    09-25 09:31 AM
    Not a problem.

    03-23 09:08 PM
    I am on H1B all these days and my company wants me to mandatory move to EAD. (no option here). I also had my H1B approved for an other 3 years.
    1) Is it a good idea to move on EAD now.
    2)Its been close to 6 years on my H1 but I still have 8 months left on the initial 6 years. Can i use the left out period on H1B later.
    3)Now that I am on EAD, if i need to move my employer, can I invoke the AC21. if yes what should I do... do i just need to resign at the current place and join at the company b.
    4)If I move out of my current employer,Can my employer revoke the I140, considering that its already been more than 180days since approved.

    Note: I have my 485 pending and 140 approved in April 2008 and I am a July 2007 filer with a priority date of June 24th 2007.

    Your responses are highly appreciated.

    Thank you

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