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  • Tigran78
    03-11 03:12 PM
    Thanks for replying i am really appreciated I know about GC but it will take about 8 month.
    I will start process soon.
    But I want this happen earlier.
    I need some advice what i can do to convince US embassy to approve her visa for now.

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  • Get_GC
    10-08 02:18 PM
    Still Waiting for AP. EAD Approved.Waiting for Cards.

    Filed on July 2nd NSC.

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  • nat23
    07-12 09:23 AM
    bumping up

    If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.

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  • pdakwala
    05-30 01:52 AM
    Thanks to everyone who had called me directly. I got pretty good response and I appretiate your interest. I would like to thank everyone who posted the message on this thread and kept this thread alive.

    I don't need any more assistance. Please keep doing what you are doing currently. Keep up the good work.



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  • ramausa
    09-04 05:13 PM
    thanks for your reply.what do you mean by consular processing?
    could i do anything to retain my L1 visa status?
    my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
    pls help.

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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada ( because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision ( and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

    More... (


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  • pooch
    09-04 12:52 AM
    I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.

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  • JazzByTheBay
    09-11 10:39 PM

    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at (

    cheers, and see ya'll in DC!


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  • anilsal
    01-29 01:04 PM
    Thank you for the response.
    The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
    With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.

    USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.

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  • GCBy3000
    07-19 11:25 PM
    Mostly IV and Immigration committee chair women, but how does it matter now.


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  • radduri
    03-17 02:23 PM
    Thank you very much for your reply. but finally whats your conclusion whether can i able to start work with my client or not. please tell me the process how to make this work it out.


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  • Raj Iyer
    10-07 05:14 PM

    Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.

    During all these process, make sure that you are on your H-1B.


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  • krishna_brc
    07-02 05:43 PM
    Tnks for the quick response. a couple more questions :D
    1) Eligibility Status?

    2)Please provide information concerning your eligibility status.

    Do I need to put anything in there? Or I can just leave it blank?

    I entered C (9) - Pending AOS as Eligibility Status.

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  • newuser
    10-07 03:52 PM
    Thanks for the info.

    Any info if the last name is not the same of that my uncle's.


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  • KabAyegaMeraGc
    07-30 04:24 PM
    Can you elaborate the process for infopass?

    I tried and got mine but when I tried to get an appt for my wife I got a message saying I cannot schedule an appointment.

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  • tarone
    11-28 05:22 PM

    There is wrong priority date on my Labor Certification approval. They
    put 2001 instead of 2002 .
    It looks they apparently mixed date with some other candidate who have
    similar name as mine. They lost his case and put his priority date on mine.

    Now can somebody tell me what are my options?
    I can not file if the priority date is correct on LCA. But If I apply
    for 1-485 using this wrong date, it may be risky because if they find
    the correct date it may be problem.

    Therefore, I don;t want to take any risk, I just want to apply for
    I-140 but should I contact LABOR OFFICE to fix the date and then submit
    the application for I-140. Unfortunately Labor Office is not replied
    yet on my request to fix this issue.

    Any Advice.


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  • paritp
    06-24 01:29 PM
    I applied my EAD e-filed Nebraska service center on June 18th and got my FP notice on June 22nd.

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  • cest la vie
    01-30 08:53 AM
    Sorry, but I didnt understand what you meant when you said "if i'm not upfront with my visa". Could you please explain me that part?
    thank you very uch for your attention.

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  • ursosweet
    07-17 08:21 PM
    again with Company B and file a new 140 and then use the PD of previous labor to file the 485 etc etc.
    hope this helps

    11-18 01:53 PM
    Most of these employers have a standard templates for H1 application and all they do is FIND & REPLACE to modify it to suit each individual applicant. In my case the person who was modifying it for me changed my Name in most places except one place where it was still saying the name of some other person. So the application was like this

    This is visa petition for Mr XXX ..............
    Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....

    I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.

    02-09 08:46 PM
    Call or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.

    I did it 1 year back I remember the procedure was real straight forward in San Fancisco.

    good luck,

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