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    03-30 04:43 AM

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  • EB3Victim
    09-20 10:43 PM
    The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:

    a second I-140 filing, if an initial I-140 remains pending

    a labor certification substitution request

    a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

    These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.

    Go through the below link

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  • waiting4gc02
    01-18 10:07 AM
    Is there anyway to get H1-B extension done fast ?
    Using Premium Processing or anything like that..??

    Please share your thoughts.

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  • CADude
    10-03 12:18 PM
    So High school guys(who works in mail room) don't messup with your application again. :)

    I need to re-file my I-485 application which was rejected due to USCIS error (they could not find I-140).

    Can anybody tell me what is the logic behind writing "DO NOT OPEN IN THE MAIL ROOM" on envelope while re-submitting I-485 appplication?

    I will need to send to USCIS today. Please let me know ASAP.

    Thanks a lot.


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  • boston_gc
    05-01 03:43 PM

    Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like

    For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.

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  • foobar2001
    08-02 01:50 AM

    i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
    1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.

    (a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
    if AoS is pending, then its valid till the AoS case is decided?

    (b) If the validity is 1 year, what is the process for extending the I94 validity?

    thanks for your time,


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  • JunRN
    08-14 01:00 AM
    Follow-to-join can be applied anytime after the filing of I-485 even after approval as long as Visa Number is available at the time of filing. Visa number's availability depends on the Department of State's Visa Bulletin.

    I am not lawyer so please take this as my personal knowledge.

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  • morchu
    05-30 01:42 PM
    I believe you know that re-entry permit is required only beyond 1 year.

    I will say, don't wait. Have some documentation ready regarding your "emergency need" to be out of USA. Also have some documentation to prove your intention to permanently reside in US.

    In case the officer asks some question. Just be prepared to answer, and clarify that you have proper intention to continue residing permanently in US.


    I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?

    Please advice me.



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  • nhgc
    03-12 12:40 PM
    I140 pending under EB3, non premium category with receipt date 2/1/07.
    I have worked for my current company for 6 years. Currently in the 7th year of H-1B with 1 year extension until March 08.
    I want to change jobs due to dissatisfaction with current work, and also due to possible future restructuring within company.

    How can I change companies without having to go back or live overseas for 1 year and start the process all over again?


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    12-05 03:35 PM
    1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
    Yes, I got it done in October.
    2. Any issues with getting appointment dates.
    No. The only issue I had was that they don't let you book well in advance, which makes it difficult to plan travel. Also, I did not realize until the last minute that you need to submit your documents 4 days in advance before the interview. Luckily one of my friends told me about it and I was able to request my dad to submit the documents in time. Not sure what would have happened if I did not submit the documents upfront...may be, they might have still allowed me in.
    3. I have all the documentation in place including pay stubs in the last 8 years.
    Good. I have been working for 8 years as well and took the paystubs for just this year(2010) and tax returns for past 3 years. But, they did not ask anything as I was renewing for the same company for the same job. They just asked what I do for the company.
    4. Is it preferable to get stamping done in Canada than in Hyderabad,
    I prefer Hyd as that is where my parents live and I don't have to waste travel fares, visa fees (for canada visa), hotel, vacation etc by going to canada. I just got it done when visiting my parents. If you live close to Canada or have special travel needs, then may be Canada should be considered.
    5. How many days does it take to get the passport back.
    7 days total I think, including weekend.


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  • irukandji
    02-12 09:55 AM
    Thanks fromnaija, If she maintains any non-immigrant visa she can be added without any 'follow-to-join' petetion right i.e., she can be added to my 485 just like the normal process when my PD becomes current.

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  • lazycis
    04-16 08:44 PM
    Employer cannot withdraw your I-485 without your consent and signature, notwithstanding G-28 form.


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  • rameshms
    08-26 04:32 PM
    If you were a student on F1, and if you just got an OPT (Employment Authorization), you do not have to pay Social Security tax. Once you switch to H1, you have to pay the SS tax.

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  • mhtanim
    04-07 02:36 PM
    I think this memo is about NATURALIZATION - so yes it's about Citizenship, not for GCs or I-485s.


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  • manojs1234
    08-11 09:35 PM

    I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?



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  • H1B-GC
    09-21 05:26 PM
    I want to keep this thread on top for a while to see how many People with priority date between Jan'05 and March 28th '05(Filed under RIR/NON-RIR) applied again in PERM. The reason is lot of Friends i know applied their labor again in PERM since the Old Labors filed under RIR were sent to BEC Center's in Phily and Dallas for 'cold storage' and forgot to port the dates after the old labor approval since the time regained was not big enough.

    This gives us an fairly good idea to see how quickly the dates would move from Jan' 22nd '05 as many fear there might a huge figure here who applied between December '04 and March 28th '05 under the old process and before PERM kicked in .

    Please do not forget to mention if you have ported the dates from your old labor.

    Please contribute to this thread!!


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  • sunny1000
    01-22 05:56 PM
    I don't think there should be a problem with your start date. But, check with your attorney to make sure. Is your H1 and L1 from the same company? If not, you can say that you had to stay back to finish up pending projects before taking on the new job.

    do you know if your friend was asked why he has joined late on H1 ? and what did he reply ?

    Thanks for your reply, i appreciate your help.

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    09-07 10:44 AM
    Please note that an I-485 approval invalidates the H-1B visa.

    I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.

    I second what sbmallik has said. Your records will be at the POE, you cannot come back on H1-B. Come back before AP expires or you might be in trouble.

    Consult a lawyer....

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  • sounakc
    05-24 05:15 PM
    I am filing for I-485 for my wife based on my approved I-140 and pending I-485 (EB2). Under part 2 which option i should chose for her.



    March 9th, 2005, 12:16 PM
    Thanks for your suggestions.
    It is from our mistakes, that we learn.

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    04-16 03:10 PM
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