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  • andyny73
    12-08 08:37 PM

    I am going to get married next week.

    I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

    I want to file the H-4 visa for my wife and I have couple questions :

    1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

    2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

    Thank you for your help.


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  • aravindan_kv
    02-01 11:13 AM
    All ,
    I am working for company "x" and having middle vendor "y"
    and middle vendor has got me job and , working in the client location "z" of the middle vendor

    I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.

    The vendor "y" is not willing to work with my client "z"
    and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.

    Is it legal for my vendor "y" to say that i should not work with "z"
    if they don't want to do business with "z"

    I don;t know how to overcome this isssue.please guide me

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  • sushilup
    10-23 08:35 AM
    Hello Guys,

    I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..

    My application reached to texas..they transfered to issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..

    thank you

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  • paskal
    05-29 10:48 AM
    they are decreasing from 140,000 to 90,0000....

    note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.

    only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
    so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)

    i put up a detailed calculation for this earlier on somewhere
    search for it if you are really interested.


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  • fair_law
    08-06 10:43 PM
    I have my green card interview end of this month in Indianapolis. Not sure why I was called for interview at this time as I have a EB3 India case with a PD of June 2007. I am a july 2007 filer. I was wondering if someone can recommend me a good immigration lawyer around Indianapolis to accompany us for the interview.

    I recently used my EAD and moved to Indianapolis. Not sure if that triggered the interview. Any genuine help would be appreciated.

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  • martinvisalaw
    09-10 12:52 PM
    The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.

    However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.

    You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.


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  • Blog Feeds
    10-15 12:10 PM
    A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?

    In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).

    If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.

    Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.

    As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.

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  • nath.exists
    11-02 11:26 AM
    Hi Tharu,
    I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.


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  • mnq1979
    06-25 10:08 PM

    I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
    Can any one clarrify that who will get the RFE? will it be me or my lawyer?
    If possible can any tell what it would be?

    Thanks in advance !!!

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  • neglur
    10-02 10:19 PM
    My 485 application was recieved by R.Cook@NSC too and no receipts or checks cashed yet. My application was delivered on July 18'th. My I-140 was approved on May 11'th 2007 by TSC.


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    09-26 11:29 AM
    no issues. My mom travelled to mumbai from chicago via frankfurt on AI. everything went well.. no issues on wheel chair as they took care of her well in transit and dropped her at the gate.
    She did report issues in mumbai when she landed as it took 30 mins for wheel chair person to arrive at the gate... same AI has pathetic service in india and they are OK in US.

    hope this helps..

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  • anurakt
    01-15 08:35 PM


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  • Blog Feeds
    10-05 09:40 AM
    What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...

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  • matreen
    04-26 12:18 AM

    Friend of mine had a interview today about 20 min, seems like everything looks good.

    The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.

    After interview officer said she needs calrify the Lulac case and background check.

    I am wondering if anybody is in similar situation if so your advice will be very valuable.




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  • Blog Feeds
    11-18 02:50 AM
    The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

    Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B ( cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

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  • HuaRhoda
    02-03 02:16 AM
    I have applied for h1 transfer, uscis asking for purchase order.When i check with my employer he told me i have to get into project as soon as possible other wise H1b transfer will be rejected.I have a query? My wife is GC card holder, when she files for me at time of getting her citizenship, will issue occurs due this H1B reject?


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  • kanshul
    01-26 03:04 PM
    I agree with all the above.

    Also, since you wokred on EAD, you are no longer in H1B status. You will be OK - but it is better to ask the H1B petitioner to withdraw the H1B application to avoid any future complications.

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  • asanghi
    06-22 02:18 PM
    If both I-94s belong to the same person then I think it is normal.

    I entered country last time in 2005. After that I have my H1 renewed twice both times I-94 number stayed the same. Same also goes for my wife. The renewed I-94 always carries the same number as the one you got while entering the country.

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  • Michigan123
    06-16 09:12 PM
    LCA for H1 not for GC processing. My GC LCA is difefrent than H1B LCA .
    I am not sure if any New LCA is required for 485 ...At least my company has not initiated any new LCA..

    But they do file for H1B(LCA) if there is any change in work location.

    09-04 06:32 PM
    Below are the 2 listed jobs.. I am currently working as 15-1051.00 Computer Systems Analysts for XXX comp... I have been working for more than 3 years.. They are planning to file my GC soon..

    I know for a fact that you cannot count current employer exp for GC. If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??

    Also do i have to file a new H1 for this 15-1031.00 Computer Software Engineers, Applications job from same employer ??

    All Attorney/ Senior memeber.. please guide me on this..

    15-1051.00 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. May supervise computer programmers.

    15-1031.00 Computer Software Engineers, Applications
    Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.

    11-20 01:48 PM
    DAZED: Once your H1B extension is approved, it will expire only on the date shown in I797. Your 485 rejection does not invalidate your H1. BTW, if you use your H1, your H1 is invalid but you will still be able to extend it as long as it has not expired.

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