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  • theshiningsun
    05-28 09:47 PM
    thx aruben.

    so it looks like the only way out for a prospective indian investor would be to start his enterprise outside usa, get employed in it for 1+ yr, then enter the usa on L1 and apply for GC under EB-5 category?

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  • Lisap
    09-07 01:14 PM

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  • gc03
    06-20 02:57 PM
    No, you do not need to file I485 for child, who is a us citizen. No medicals exam required, since they get everything here after birth.
    But you have to mention child details on your I485.
    I recently filed mine.
    Hope this helps.

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  • BhaskarEB
    09-13 06:39 PM
    I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
    After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
    I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.

    Please advice if I qualify for EB2 and if so will there be any issues ?
    Please advice if I qualify for EB3 and if so will there be any issues ?


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  • tcsonly
    07-24 11:43 AM
    Can you please point me to the thread? Thank you.

    Take some time to search the forums before starting new threads.
    The answer to your question is under Greencard retrogression. It's the first sticky thread with title: " All Priority date transfers and issues discussed here".

    Admins: Please close this thread.


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  • shankarsivam
    04-13 05:53 PM
    Hello Attorneys / Experts,

    Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :

    Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140

    Feb'09 : RFE was issued asking information related to Company

    Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport

    Mar'09 : RFE responded with the requested information

    Apr 10, 2009 : USCIS Denied H1B Extension petition.

    I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.

    Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?

    Appreciate your inputs in this area.


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  • jthomas
    11-06 03:06 AM
    It was very good. One should have told that even kids of skilled immigrants are counted on the quota. (Even a 1 year kid is counted as an skilled immigrant)

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  • nhfirefighter13
    October 26th, 2004, 08:31 PM
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  • Munna Bhai
    12-03 05:42 AM
    Hi friends,

    I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).

    1. What are the chances for rejecting my I-485 file?
    Ans:Very less unless you violated any status or any law.
    2. If my I-485 file rejected after my H1 expired (EAD using) ?
    Ans:You are out of status, switch to in-status, like B1.
    3. How to settle out this ? Do I need to go back india?
    Ans:Yes, you need to go back and come on fresh H1.
    Seniors please provide me suggestions.

    Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.

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  • godbless
    01-13 06:16 PM
    :confused: I have another question concerning EAD. I have a valid h1 visa stamped on my passport till June 2007. I have EAD and AP as well. On my return from India last month the inspector at the POE did not let me enter on my h1 and instead asked me to use my AP. He stamped my I 94 as entering on AP but he did not cancel my h1. Now what status I am on? H1 or AP? My EAD is expiring on 23rd Jan 2007 so if I am no longer on h1 then would I have to come out of job till I get another EAD? Won't this make me go out of status? Please advise.


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  • rajeev_74
    04-20 08:33 PM
    This would be a limited portability - AC21. Correct? I'm saying approved I-140 for all practical purposes should serve like a temp GC. Maybe this is far fetched!!!

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  • webm
    11-08 01:30 PM
    1. Can my wife apply for a visa after she starts using EAD? and later can she extend her H4 along with my H1 extension which I'm going to apply mid next year?

    2.Is it ok to travel just on AP for her if she doesnt want to apply visa?



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  • Prashanthi
    09-04 01:40 PM
    Yes he can apply for a TN again, no limit on the number of times alien can enter on TN. If he leaves while his COS is pending it will be considered to be abandonment of the petition.

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  • thomachan72
    11-03 02:12 PM
    3% seems very good.
    Also if you can set aside some money for >3 years, putting it in an NRO term deposit is also pretty good. Now they range around 7.5 to 8%. You can repatriate the interest income after due taxes are paid.


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  • cessua
    06-14 02:51 PM
    Close this thread

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  • harikapraveen
    07-25 12:00 PM
    Your assumption is not right.

    Your visa must have a validity date. You can travel out without any problem as long as your travel dates are within that VISA validity date.

    No problem if you are not willing to travel..and want to stay in USA. If your H1 is about to expire...then make sure it is extended.


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  • yagw
    09-19 11:18 PM
    I entered US with a tourist visa in California. Months later, I got married to a US citizen in Austin,Texas. Me and my husband were apprehensive at first to get an immigration lawyer to process my visa but we realized the process of obtaining a visa was not as straight forward as we thought.

    We have since decided to hire a lawyer and have met with two attorneys so far. The process is frustrating because of the requirement to pay a consultation fee; we schedule an appointment, meet, and find out that the cost of hiring the lawyer is far greater than what we can afford.

    My question is: does anyone know of a good lawyer who charges a reasonable flat fee? $1000 - $1500?

    thank you

    Post it in the "Ask a Lawyer for FREE" section. Some attorneys read that and if any interested will either reply or PM you i guess. good luck.

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  • rohitfromindia
    06-05 08:18 AM
    Hi, I applied for my green card (NY state) and have my priority date as 09/25/2003. I see the status as Pending on the backlog elimination center website. I have still not received any updates from them. My lawyers said they are still waiting to hear back from the BEC. Have they started processing Sep 2003 applications at this point?

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  • InTheMoment
    06-22 08:08 PM
    From what I have heard from close friends/relatives, your option B is correct.

    Also, people living abroad and coming here and getting citizenship is only possible as you know if they fulfill the physical presence and continuous residency requirements. Further, since they have a US address (and can provide proof for it), why should the 90 days USCIS district requirement be an issue?!

    07-11 11:31 PM
    I'm planning to get my medical check up done in the third week of July 2008. I'm not sure which version of I-693 Form is to be used.

    As of 7-11-08 on the USCIS website it says, "Edition Date : 06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page)."

    Does this mean that I have to use a version older than Version 06/05/08, if I have my medical check up done before Aug 1 2008?
    If so Which version is to used in this case and where do I download the older version of the I-693 form?
    Would the Physician ensure that the correct form is used during my check up or is this my responsibility?

    Also, the 06/05/08 Version has the Vaccination page included in it unlike the older versions which had a separate Vaccination Supplement form.

    Could anybody provide some guidance?


    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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