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  • kaisersose
    05-28 12:43 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.


    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....

    Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

    My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.





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  • dwhuser
    09-14 05:11 PM
    Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?





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  • thomachan72
    05-26 08:16 PM
    Has anybody tried booking an emergency apointment? I was checking that some time back when I wanted to go urgently and it says that it is for people wanting to visit US for urgent family matters and not for people who are currently in the US and visiting home country. Anybody has tried this (going from US to get visa stamped in India in an urgent situation?).





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  • harsh
    12-22 09:55 AM
    Any other bama residents? I am sure there are more people stuck in retro in alabama. Signup other alabama residents...



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  • anilsal
    11-08 10:50 PM
    I think there is a crack in the rules. What if the labor is approved and I140 is pending? No 7th year H and no 3 years. Is that right?





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  • aniltatikonda
    02-08 05:00 PM
    So there is chance of getting RFE if your application got picked from both the employers... which is very unlikely however.
    Dont know which way to GO however??



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  • NKR
    06-02 10:35 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney





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  • mdcowboy
    10-04 02:10 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    I contribute no more than 10% of my pay towards my 401K. I would not contribute more than this because I don't intend to stay here for a very long time. Also, I would be happy to put my money in savings with a decent return and stocks rather than my retirement fund.

    I am not sure about this but I guess if you plan to return back..you just have to pay the taxes and not the penalty? You need to get this verified.



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  • nanibabu
    10-06 10:49 PM
    Nevermind. Online status of my case just changed to Card production ordered. Finally.





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  • eagerr2i
    08-02 02:19 PM
    Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.



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  • i4u
    04-29 09:06 AM
    The Financial regulation bill will go thru for sure, both Dem and Rep parties favor it, however the REP party is trying to resolve certain differences before bringing it to the table.


    Immigration reform was never even considered to be taken up before financial reform ( It should have been taken up in early 2009 itself! ); so yes financial reform will go first - guess what? dems finally forced repugs to give in, and it is up for debate. As for the differences, there is plenty of it - and resolving it - hmm??


    Both parties cannot afford to be seen as party of Wall street during nov elections.
    One thing they can agree on is covering their own a**.





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  • anilsal
    06-14 04:54 PM
    Hopefully by labor PD. But I have read about cases being approved in no sane logic.



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  • TeddyKoochu
    04-22 03:42 PM
    Congrats and thanks for sharing this great news. Looks like E-E Relationship memo is not being applied.





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  • santb1975
    11-09 12:30 AM
    Can I help?



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  • tnite
    07-19 09:53 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



    If your friend filed as a resident then it doesnt matter . IRS lets tax payers who file as residents take deductions like hope credit, life time learning credit .





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  • sbdol
    07-21 09:51 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

    The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.



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  • tapukakababa
    03-10 01:50 PM
    Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

    1. Can "A" work for his wife and also get paid in check?
    2. Can "A" have a second job in his wife's company and retain his original job?
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    7. Can "A" work as volunteer in his wife's company?
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?





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  • dpp
    06-28 02:52 PM
    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right


    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.





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  • singhsa3
    08-14 11:02 PM
    This will be mass distributed with the flyers.





    Berkeleybee
    05-11 09:16 PM
    Amit's call starts at 13:00 minute of the program if you want to skip and listen directly to his message.

    I'd encourage people to listen to the whole program it is overall good -- Jennifer Ludden also talks about the frustration of waiting and losing one's edge while we wait.





    bheemi
    08-20 10:52 AM
    hi,
    i am same as u r case.
    u HAVE TO request your attorney or u r self should raise a service request and take infopass to start the processing case..unless u do something about it..they wont apply eb3 PD to EB2 pd autaomatically..they dont ahve any tracking system to do it..
    U have to fight for it..and raise service requests etc..



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