Wednesday, June 29, 2011

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  • belmontboy
    10-06 08:56 PM
    My wife is currently on h4. She has applied for H4 to F1 trasfer i539 application with university A in May 2008. She is currently enrolled in University A on H4 as her application is pending. Now she got admission from a better unversity (starting Spring - Jan 2009) and she wants to join this university. What is the process to transfer her university given her i539 application is still pending (and probably remain pending till early 2009).

    Regarding transfer, you need to wait from H4 to F1 before she can start attending classes.

    Once you have a F1 transfer, all you need to do is talk to International Students Advisor dept of univ A and they would advise on what needs to be done. It's easy and straightforward.

    Make sure that your wife still holds a valid I-20 from univ B, before you start this.

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    07-09 06:51 PM
    Hello everybody,
    First of all I must appologize because I mentioned this in the forum before but that was a different question that I asked.

    My wife's Labor lists a 4 year degree with a BS in Mechanical Engineering as a requirement.
    We filed I-140 with her old H1B evaluation which says she has a 4 year degree in Civil Engineering (stupid me :mad: ).
    I found another evaluator who looked closely and gave us an evaluation for BS in Mechanical Engineering because her degree is way closer to the Mechanical than it is to the Civil Eng.

    Will USCIS reject this I-140 on the spot based on the fact that she doesn't meet the requirements or issue an RFE ? If they issue an RFE and we send the Mechanical Eng. evaluation, will the fact that we filed first with the Civil Eng evaluation cause any problems ? Are we assuming the worst and is not such a big deal ??

    She worked on H1B for 7 years as a Mech Eng and this is NOT a labour substitution.

    Thanks for any help !


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  • Dilemma
    10-22 05:42 PM
    Hello -

    I am in sort of big dilemma. My Background:
    - Single (not married)
    - Currently on H1-B valid until Dec 2011.
    - PD July 2007. Company A
    - I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.

    I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.

    Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:

    - they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
    - I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.

    So, I have following questions to experts here which will help me decide what option to take:

    1) Shall I go ahead with new employer & start using EAD ?

    2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?

    3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.

    Please advise.

    Thanks in advance...

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    03-30 05:16 PM
    Thanks coolpal.
    Do they have any risk in keeping me on bench while on EAD compared to H1b?


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  • bang
    01-20 01:35 PM
    Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.

    Now, I am going to file for my extension.

    The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.

    When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.

    Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??

    Please share your thoughts.. I am perplexed..!!!


    Looks like the lawyer gave you half baked suggetion.
    If she is leaving the country before her current I94 expiry then you do not need to file extension for her, but she needs to get H4 visa stamped before entering US, she can get a Visa stamp only with your H1 approval document only and not the extension pending application, which means she cannot get back into teh country until your H1 extension approval

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  • theshiningsun
    12-16 08:44 PM
    thx for the clarifications.


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  • Tommy_S
    04-08 11:58 AM
    wow! Very creative, fes. Those stamps gonna be pop. :thumb:

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  • dbevis
    January 11th, 2005, 02:36 PM
    I like the colors, and the silhouetted person. Personally, I think cropping out a lot of the top (roughly the upper 1/2 of the picture) would make it more interesting. This would also give it a panorama-like appearance.



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  • ss1026
    11-03 10:42 AM
    I have been working for Company A which was bought under the Umbrella of a bigger parent. My company A still operates under the same name and is fairly independent.

    The parent company bought another company B recently and have asked me move to B for business reasons in a similar role as with company A. Could I file a new GC with B and use my 10+ years experience with A to file for under EB2. I am currently under EB3-I category

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  • zCool
    02-11 09:13 AM
    Why do this?
    If he's already got 1 I140 with older date.. got thro' process once again.. Apply thro' PERM and get EB2 the right way and then get GC in 6 months!


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  • amit1234
    02-13 08:46 PM
    My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

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  • mambarg
    07-20 08:28 PM
    Date is July 20 i.e today

    I picked from USCIS press release links and first link is todays.

    Now if you agree it is todays release, then when do you expect July 2 - 17 receipts ?


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  • Robert Kumar
    11-11 11:49 AM
    F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.

    So in this case if somebody wants to study for an MBA full time, and at the same time not loose H1 (more importantly GC status), what are the options. Sometimes it is possible due to bad economy, getting a job may be hard, which is an opportunity to get some degree.

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  • adhantari
    08-09 11:01 PM
    time like this..... EB backlog so bad........ wait time soooooooo many years......... you really think we care about new H1Bs...................... I say its good the CAP is not filled this year............maybe the corporations will find it difficult to get fresh cheap H1Bs.... then will push congress for Visa recapture........... so they can get skilled man power they need............


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  • Edison99
    09-22 02:41 PM
    Good to know that...
    How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
    In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).

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  • Ann Ruben
    03-11 10:29 AM

    You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.

    Hope this helps,



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  • pointlesswait
    07-23 02:40 PM

    My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)

    Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?

    Is it illegal to stay on expired i-94..but witha valid H1?????????

    what are my options..


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  • Kevin Sadler
    August 9th, 2005, 03:20 PM
    hi jason. if you post a couple here it will be a lot easier to put the critique with the picture so we don't have to go back and forth to different sites. it also allows others to see the pix and critiques together. hope that works for you. later, kevin

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  • h1techSlave
    03-10 12:12 PM
    carry police report or some other proof regarding the fire. my papers were stolen and I have always shown them the police report.

    02-18 04:23 PM
    My report of the call is here: Law Office of Elaine Martin - immigration news: CIS teleconference today on recent H-1B memo (

    06-02 04:25 PM
    From the day your current one expires.