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  • indianabacklog
    03-22 11:22 PM
    Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks

    My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.

    In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.

    The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.

    If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.

    There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.

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  • patricia
    01-21 03:43 AM
    You have answered your own question. This immunization protects you from most forms of TB and causes you to have a positive skin test since you have antibodies in your system to attack the PPD test ingredients when they are put under your skin.

    Not sure why you are worried about it? This is no different from the other vaccinations you were given as a child that you had no choice on.

    I am from the UK and every child was given the BCG vaccine for decades, normal course of growing up.Thanks for your reply.

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  • 2008FebEb2
    01-07 05:23 PM
    Hello All,
    I have been reading in a lot of posts that EB-2 option will be removed for Software people. :confused:

    Can anyone provide me a link for it? I can't seem to find it.


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  • ramraj_02
    10-19 09:30 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)



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  • H1B-GC
    05-28 05:06 PM
    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.

    Thanks for your advise! I will check at the local unemployement office !

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  • sunny1000
    03-28 01:06 AM
    Hi all,

    I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.

    1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.

    2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?

    I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.

    You can use your AP for travel and come in as a Parolee even if you are not working.

    Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.

    Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.

    Good luck with your travel.


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  • BNB326
    08-20 03:06 PM
    Hello, Thanks for your reply

    Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.

    And are there any other options if i did not get a job to transfer my H1B?


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  • bhlpimmi
    10-08 10:41 PM
    Thanks for starting this thread, its unlucky and frustu..
    9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis


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  • mrdhoni
    08-29 01:56 AM
    I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.

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  • abcka111
    05-01 06:57 PM
    My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:

    1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?

    2. If he finds a job after getting fired, will he be out of status till he finds a job?

    3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?

    4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?


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  • snathan
    04-15 12:01 PM
    Graduated from college last year, finally found a job that I really like. Currently on OPT. Just curious to know how long will it take for employer to apply for labor and I-140.

    I know most of you are thinking - "are you mad, esp with current gc situation? " the thing is I like it here. My relatives and friends are here. I am hoping that with so many people stuck in the gc process, somebody has to fix it soon - and I (& other newcomers) will benefit from better immigration policy.

    can any one let me know how long the initial stages take currently?

    the answer lies in your id. :D

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  • GlobeTrotter100
    10-11 09:51 AM
    H1 processing for 2nd time : First 6 yrs on H1 over!

    My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.

    Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?

    Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?

    When will I be able to enter the US : after Nov.2008 or Oct.2009.

    Any inputs in this regard will be highly appreciated. Thanks in advance.


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  • wc_user
    08-27 01:25 PM
    My company is in a different state. I am consulting and hence working in a different state. Do we specify the job location in PERM application ? If yes, does it matter that I am working at a different location ? I am working on applying PERM in EB-2. Thanks.

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  • coolmanasip
    06-14 02:55 PM
    does everyone go through name check? or only a few with very common names......


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  • wandmaker
    11-03 02:36 PM
    Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.

    Hope this helps.

    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.

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  • chrisclick
    04-11 01:54 PM
    This thread makes me physically ill. I shall not read more, lol.


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  • reddymjm
    09-16 06:55 AM
    The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.

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  • samrat_bhargava_vihari
    05-27 04:22 PM
    Two weeks is normal. We filed paperbased renewal last month end and it got approved.

    though it is difficult to identify the EAC/SRC no in soft copy of check.
    If you can able to print the back side of check you can easily figure out the EAC/SRC no.

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  • pramodirt
    12-06 12:01 PM
    Thanks patchsk for giving me some hope.

    08-13 10:32 AM about closing this thread..please.

    Lets create new thread for every application received by every different person and track each of them ....

    Why can't we spend some time on DC rally and do something productive then tracking who received your application..

    08-31 11:22 AM
    Any suggestion please..

    You could file a new 485 based on your approved I-140 and withdraw the old I-485. That seems to be the easiest way.

    This is not legal advice. Please consult a qualified attorney.

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