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  • pappu
    06-28 01:28 PM

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  • anu_t
    09-30 06:06 PM
    I think it is not possible.

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  • winguru
    09-14 12:31 PM

    It is not now. I cannot apply for I485 as PD is not current for me.
    I am asking when USCIS decides to introduce an extra step called Pre-App for I485 and for which PD need not be current.
    There was this news in early May that USCIS is planning to halt concurrent filing and introduce new Pre-App process. So I wanted to learn more about this from others...

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  • gcwait2007
    06-23 11:33 PM
    Here is the USCIS official URL page/ press release:


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  • chanpraddy
    07-07 08:41 PM
    Hi All,
    I recently got my I140 approved and I am waiting to file my I485 as my priority date(Oct 2007) is still not current(EB2 category, India).Not sure how long it is going to take as the current backlog is July 2000 for India and China.

    My brother is a citizen of the US and I need to clarify if my brother can apply for a family-based green card for me and how long does it take to get the EAD when applied through this process as compared to filing through the employer when I reach my priority date.

    Also need to clarify if this process is sooner or still the same as applying through the employer.

    Thanks in advance.

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  • nkavjs
    11-05 01:37 PM
    My suggestion. One of my very close friend who is also working for same employer as mine is exactly in same situation as yours.. only diff. she is on H1. Recd. her EAD, FP notice.. but no AP yet. She needs to fly on Nov 10. She got infopass appt. for requesting expedited AP. She was asked to bring along EAD and AOS receipt notices, her travel reservations and any document pertaining to travels.. her passport and Visa papers.. SO this way they could process or request AP on expedited basis. Hope this helps.


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  • paskal
    09-11 12:06 PM
    my amateur opinion would be that if you get another J1 visa after the waiver- you will need another waiver- last action is what counts!
    i'm presuming we are not talking about a physician J-1 here.
    there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...

    hope that helps!

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  • uslegals
    10-29 03:06 PM
    Hello friends - the recd. date on my 765 application is August's almost 90 days now (11/5 - next monday) that my application will be pending.!
    Same is the case with AP..! No news at all for EAD & AP..Worried now!

    Can i make a appt. with INFOPASS for both my EAD & AP together...? And what is the A # that they ask for when we fill Infopass appt.? Is it A # on 48 receipt notice.? OR A # on 140 approval notice.!

    Thanks in advance!


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  • ivgclive
    03-03 04:48 PM
    Murthy article at:
    MurthyDotCom : Temporary Government Shutdown: How Immigration Might be Affected (

    the LCA part is most important.

    The shutdown has been delayed till March 18th, as per latest.

    Very nice to hear that there is one more way available to kill immigrants !

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  • cdeneo
    10-24 01:11 PM
    Are you kidding me - why are there no stop gap measures/short term fixes asked for all the high skilled folks stuck in retrogression for the very reasons outlined in this letter. This is politics at its best -


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  • gcformeornot
    03-22 02:06 PM
    no answers for LC SUBs....... sorry...

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  • shishya
    04-30 11:18 AM
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.


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  • FinalGC
    11-18 05:06 PM
    I believe what you need to show is the company's P&L statement with revenue statement, and not just $7000 in profit. if the company has a revenue of $1mil or more, it should be fine, if less then it needs to show how many employees it had and what profit or loss it should be at least $1.0 profit, rather than a loss.

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  • get2shailesh
    02-18 11:10 AM
    Hello All,

    I am a silent reader of Immigration voice forum and have got great information about H1B and other related issues on this forum.. Today, I am in dilemma as what to do in following situation and I thought you all will be able to help me by answering my questions. Here I go:

    I am on H1B and my wife [on H4] graduated [MS] in Dec'06. Because she completed her MS in Rehabilitation counseling on H4, she does not have OPT to start the work. Now, she has got a job offer from private rehab firm and they are ready to file her H1. I would like to know following:

    1. Is she eligible for 20000 MS quota exemption?
    2. According to H1B visa reform act of 2004, such exempt applications were allowed to be filed on March 8, 2005 for FY2006. Is this the case for future fiscals as well?
    3. If the H1B application is filed by lawyer say on April 1, 2007 in premium processing, can it be approved in 15-20 days i.e say April 15.
    3. If she gets the I-797 on April 15, what will be the start date on it? Will that be October 1 or can she get earlier start date i.e. Say April 15, 2007?

    The problem is if the visa start date is October 1, 2007 then the employer might not be ready to wait that long.. In that case, what are our options?

    Waiting for your replies!!!


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  • pmat
    06-06 09:51 AM
    There is a change of status form available on USCIS website. It is called I-539: D

    Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.

    All the best.

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  • zerozerozeven
    04-03 09:00 PM
    you can get only one OPT per level of study
    ie., one OPT for under-grad
    one OPT for grad
    one OPT for doctoral

    So I doubt if your wife will get another OPT with the new rule but you never know :-)


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  • Humhongekamyab
    06-16 04:41 PM
    Hello Folks,

    I am on H1-B and have an EAD. My Dad is a builder in Hyderabad and I want to promote the apartments in US. Can I rent an office space and just do marketing without registering a business? All sales will be completed in India.

    Thanks for your advice,

    Notwithstanding the advice you get here, you should contact an attorney for legal advice. Don't act on the information you get here. You don't want to jeopardize you immigration status.

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  • ultimate_champ
    07-24 11:15 PM
    IO discretion.

    My in-laws came in Apr'08 to US and left in Oct-08 for India. They then came back again in Dec'08 due to some issues and they had no problems - they again stayed nearly for months.

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  • priderock
    06-20 03:53 PM
    This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:

    Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.

    07-18 10:52 PM
    Any specific reason for not leaving the money with the 401k plan of the old company?

    03-31 11:18 AM

    My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.

    Any inputs are apprciated. Thanks!

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