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05-18 11:50 AM

I did not have my I-140 notice, so I emailed my attorney and he replied with a copy of the I-140 which had the priority date.

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03-06 10:59 AM

now suddenly I got "Red". don't know what's the bloody reason.

Maybe because you posted in the wrong forum.

Was your post a question for lawyers?

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07-23 11:10 AM

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number30

06-29 03:51 PM

I am currently using my EAD and working for a company remotely from my house. I also have a Permanent Resident Status in Canada. I can work remotely from Canada and my company will not have any objections to it.

Since I am on 485/EAD can I work for a US company and be on their pay roll and live in Canada? What are the ramifications?

Please advise!

Once you are not in US It does not matter. But as for as EAD or H1 It does not matter. Same rules apply as any other country. You have to present in US to apply and get approval for AP.

Taxes issues may be different.

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irukandji

02-14 10:21 AM

will the GC be still valid after converting to H1B? or will it be rejected? even after AC21 has been invoked by the new employer...

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Tushita

09-20 05:11 PM

After the biometrics done, what happens next and what is the time frame for EAD, travel documents and I-485 card to be issued? Or What next after the biometrics are done? Please advise.

Cheers,
Tushita
:confused:

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10-01 08:35 PM

what is the purpose of this thread? :mad:

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May 20th, 2004, 03:13 PM

I must say it made me spend some time to figure out what it is. Initially I thought it was something square floating in a container of water or a pond. Then I studied it for 30 sec. or so and realized it's a waterfall. Then I found myself really studying it to grasp what you're showing. From the "does it catch your eye and hold you" perspective, it worked for me. From the "this is a beautiful shot that I have to print and hang on a wall, I'd probably vote no. But I am going to go back and look at it a second time because I'm intrigued.
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vadik78

03-28 04:32 PM

Bush said he wants to improve the working visas, I think the prority needs to offer to Canadians because Canadinas use the same language and education system, the distance is closer. We need to call all the senetors, the working visas.etc. need to go to Canadina citizens first.

I agree, except.... if canada is similar and so close to the United States, why would you want to come here:confused:

:D

Good try, anyhow.;)

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09-21 12:28 PM

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10-10 06:44 PM

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07-14 04:09 PM

I think we need to ask Congress for fixing the LUD mess....C'mon

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10-11 06:00 PM

Dude,

You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.

Talk to a lawyer who knows L stuff (not many do) and straighten things out.

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vshar

03-11 12:53 PM

My wife got her h1B stamping done on 2/2/10 at Delhi embassy. It was smooth and they asked for 797 and the passport and then asked what her company does and what her spouse does( as she changed her status from H4 to F1 to H1B). that's all.

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srilakshmij

02-11 11:45 AM

Hi,

One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.

Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?

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04-15 12:11 PM

Got mine in November 2008. No issues at all.

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tempgc

11-05 10:16 AM

Hi all,
If anyone knows TSC fax number, can you please share that with me. I am a July 2nd 485/ EAD/ AP filer and I didnot receive my AP yet. My H1 visa got expired and i need to goto India ASAP.


Thanks a lot

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emailrob

10-27 03:48 PM

Well they could hurry up and approve my eb1-c that's been pending for 8 months despite them saying 4 is their target! I can't see how they can say not enough applications when they are way off their targets for poor souls like me. I've put in an SR so we'll see what happens

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aug2007

03-22 01:03 PM

While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.

My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.

I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.

1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?

Thanks in advance for your guidance.

---

nefrateedi

08-01 05:29 PM

Thanks for the information.

say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
Or I have to pay seperate $1000 for spouse's 485?

No, it does not include the spouse's application. The fee schedule will give you a good idea of what the fees are for each category.

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rkumar28

08-13 06:53 PM

I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?

thanks

You can definetly start any bussiness you want. As per the link below it seems it will be safe to stay with the current employer for atleast 6 months.
Please see this link: MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)

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texcan

09-04 04:48 PM

Guys,

I sent my 485/ead/ap filing fee as one cashiers check.

This Cashiers check was created in end of June 2007 ( generaly validity till Sept 07 (90 days). Application was mailed in end of July by Attorney.

Now based on general application process, i am worried about my cashiers check being invalid before USCIS cashes the check and they may cancel the application.

Has anyone else had such an issue, & what is solution to this problem.

Please suggest.

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veni001

08-09 11:59 AM

What is the minimum qualification required for the position his employer going to file PERM?:o

Hi

This question is for my friend. he has a Bcom (3 years bachlors from India) with certification of chartered accountant and cost accountant. He has a 6 years of post qualification experience in india (after ca and ) and now he has 6.5 years of experience in US. (Total post qualification experience is 11-12 years)

His lawyer said as this is a 3 years degree you dont qualify for EB2. lawyer also send us a case where DOL denied CA plus 3 years of bcom under EB2.

Can you help us if he qualify for EB-2, what is the best way to file.

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anilsal

09-15 10:00 PM

Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.

If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?

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10-08 02:59 PM

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theshiningsun

08-03 08:57 AM

hi attorneys,

can u plz shed some light on this?

thx in advance,

hi attorneys,

which visa can someone apply for it s/he intends to work as a caterer?

is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

thx in advance,

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tnite

06-26 02:24 PM

hi guys,

i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.

i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?

also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?

thanks in advance, and sorry if the above are dumb questions.
No one can tell you what will happen next month or 2 months from now.The best day to file 485 is July 2nd.

Once USICS receives your app they will send out a document for finger printing.You should take a infopass appt and go to a local USCIS office to be finger printed.
The time frame to receive this document ranges anywhere from a month to 2 or more.

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gchope07

06-28 01:22 PM

Hi,
My lawyer says i can join company B as soon as USCIS has received my application for H1B transfer(by way of fedex tracking)? is this true or do we have to wait for receipt number/case number?

I need to know this because my company will not file I-485 until i join them but under the current backlog CSC is having a huge backlog with receipting H1B transfer cases.

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06-14 03:51 PM

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02-10 03:42 PM

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October 27th, 2004, 02:31 AM

Chris,

The first picture isn't as good as the others, because it's too dark in the face. You need to wait for the light to hit their face some, and then snap. Harder to do, than to recommend, really.

Can't really comment on the others.

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vallabhu

03-05 10:22 AM

Hi Guys,

I got my I140 denied and one attorney suggests that I can file for New I140 and also Appeal to AAO office at the same time, another one suggests that if appeal is filed USICS will not process I140 until the decision is made on Appeal, did any one file file both new I140 and Appeal at the same time and got result for I140 earlier than Appeal.

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belmontboy

10-06 08:56 PM

My wife is currently on h4. She has applied for H4 to F1 trasfer i539 application with university A in May 2008. She is currently enrolled in University A on H4 as her application is pending. Now she got admission from a better unversity (starting Spring - Jan 2009) and she wants to join this university. What is the process to transfer her university given her i539 application is still pending (and probably remain pending till early 2009).

Regarding transfer, you need to wait from H4 to F1 before she can start attending classes.

Once you have a F1 transfer, all you need to do is talk to International Students Advisor dept of univ A and they would advise on what needs to be done. It's easy and straightforward.

Make sure that your wife still holds a valid I-20 from univ B, before you start this.

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smarth

10-22 11:07 PM

Hi,

If I enter using H1-B/L1visa then I-94 validity end date will be ususally till the visa expiration date.

Suppose if I am entering US on Advanced Parole(I-131), what will be the validity enddate for I-94? If suppose they give for 1 year how to extend that if i am not going out-off US?

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09-15 10:23 PM

Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.

If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?

Now make up your mind and drive and meet other mid-westerners in DC.

I know one mr Gan*** - who flew to Nebraska with a Substitute labor and i 140 petition on the last day before labor substitution was banned. Mr Gane** also filed for 485 after the fiasco and we had a drink together because he thought he did a marvellous job as he is just 2 months old in US and has just landed in a consulting job and already applied 140/485 during the fiasco.

But he is not willing to hop onto my car, lives 5 miles from my place in Queens, to go to DC.

This shows the poor attitude people have towards grassroots efforts.

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Lasantha

04-07 11:39 AM

Go to the forums link on the left side of the home page, pick the correct forum based on the category of your post and you will see a "New Thread" button at the bottom of that forum.

Guyz, can somebody help me how to post a question here!!! I just got on to the website and created an id. now how do i post my question? i do not see a choice to "Create a New Post" or something like that. I can only see existing posts and do a reply to them..Sorry for being here..

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indianindian2006

07-25 06:19 PM

Here is copy of email from ALIPAC.
Can we try SKIL bill.



Friends of ALIPAC, The usual suspects like Lindsay Graham, Ted Kennedy, and John Kyl are pushing to add the Dream Act and other illegal alien amnesty language to unrelated bills on the Senate floor TONIGHT! We have reports of attempts to attach these measures to the war funding bill and the Homeland Security funding bill. We need everyone lighting up the DC phone lines and voice mails TONIGHT and THURSDAY, with an urgent message. "Senator _______, do NOT allow any immigration legislation to be added to other bills! We are watching and these measures have already been defeated and should not be placed into law in sneaky ways! No Dream Act! No AgJobs Amnesty Bill! Enforce our existing laws and stop Graham, Kyl, and Kennedy from sneaking Amnesty into law!" Here is the list, and please move quickly! CONTACT INFORMATION for U.S. SENATE & HOUSEhttp://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=63874 You can also watch their discussions and amendment attempts via C-Span2 at www.cspan.org The ALIPAC Teamwww.alipac.us

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indi0818

03-07 05:31 PM

Also here is my next question. When my H1B extension is pending, can I change my employer? Should the new employer wait for my H1B that will be renewed or does the new employer apply for a fresh H1B renewal? I guess he cannot do this because I will out of status for 7 months and this might turn out to be illegal. Someone plsssssssss answer my questions!

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hibworker

11-22 05:50 PM

If PERM is pending for over a year, then the new employer can apply for H1 extension for 1 year. This whole PERM process will have to re-started with the new employer.

Since this is a unique case, you should check with an attorney.

---

lostandscared

05-13 04:48 PM

Hi,

I was among those randomly selected for further processing in the Diversity Immigrant Visa (DV) program for the fiscal year 2010. Since I currently reside in the U.S., I filed Form I-485 ("Application to Register Permanent Residence or Adjust Status"). Upon having my biometrics taken, I had an interview with an Immigration Service Officer at a U.S. Citizenship and Immigration Services (USCIS) office. Because of a misunderstanding, I failed to bring to this interview an original Form I-134 ("Affidavit of Support") from a sponsor. Please note that my parents and sibling recently became U.S. citizens and are willing and able to be sponsors.

At the end of the interview, I asked the Immigration Service Officer if I can provide Form I-134 after the fact and he answered no. He made it sound as though a person gets only one chance at an interview with an Immigration Service Officer. He gave me a sheet of paper that had the following ticked off:

"Your case is being held for file review to prepare a decision. You will be advised by mail as to a decision on your application. No additional information is necessary from you at this time, however, if upon further review, additional information or evidence is required, you will receive notice in the mail. Please respond to any request in a timely manner. Failure to do so will result in denial of your application Please allow 60 days from today's date before making an inquiry on your case."

Questions:
1. Is there a way I can provide Form I-134 after the fact? If so, how?
2. If my application is denied, can I appeal the decision? If so, what are the chances of winning such an appeal and still finish adjusting my status before the DV program for fiscal year 2010 ends?

Thank you in advance for all your time and assistance.

Best,
LostAndScared

---

martinvisalaw

06-09 01:05 PM

You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.

Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.

By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.

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02-22 08:41 PM

I saw this and got online to try and reach out to the desi founder requesting him to consider also piloting this in India considering rural India is still in desperate need of energy development to help improve the basic infrastructure and lifestyle. Could not find a way to connect.

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seeking_GC

07-15 06:41 PM

I guess posting this was the trigger for USCIS to send the approval. I got the CPO mail in my email a few mins ago!

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Let me know if someone else is in the same situation and I can tell my timeline.

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05-06 07:56 AM

Hi, I have question about my case.

My family was applied I-485 by my mom's working at the company, and all my family had EAD which is working permit and received SSN with that EAD.

However, 2008 January our I-485 have got denied because of sponsor got closed.
That was the before our EAD card gets expired. So I couldn't renew the EAD card.

So My question is, is there any way to renew that EAD now?
if I still want to work, what does I have to do?

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austingc

08-07 12:01 PM

I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??
Joshibuwa,

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February 27th, 2005, 06:47 AM

You're right, it's missing something...

Chris, do you have an address to that wealthy person? :p


Unfortunately, no, or I'd be selling him all my "contemporary art". :D

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Berkeleybee

03-05 02:40 AM

All,

I'm starting a thread where we can report on alliances with other organizations, i.e. organizations which have agreed to support us in one form or another.

We appeared in the Bay Area India Community Center Newsletter for the second week in a row (http://app.e2ma.net/app/view:CampaignPublic/id:866.211583623/rid:8370aaa2ef6135414a14bf8135c0bfb7). We are looking forward to organizing future events with them.

I also reached out to NetIP's bay area chapter -- we are trying to work out the specifics of how we can educate their members, and how they can help us.

It would be great if the core group filled us in on other existing alliances.

best,
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TomPlate

07-10 09:25 AM

Big thanks to the entire group. We should not be happy unless we get our goals done.

1. They should take the applications for July 2007.
2. They should make PD July 2007 for the coming VB atleast. Because it was current in July 2007.
3. They should increase the VISA numbers so that the back log is no more.
4. They should not seperate husband and wife because of this idiotic immigration system. One having a green card and other partner not able to be with them. Because we INDIAN strongly believe in marriage and not like AMERICAN marrying more than 1 wife or husband.

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08-12 12:07 PM

Do you have I-94 attached to the approval notice?
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08-15 07:17 AM

I am currently employed by a company A on H1B. I applied for a I-140 substitution and I-485 concurrently through company B and my I-140 is not approved yet. Now the company B is forcing me to leave my current job with company A and join them.

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11-24 11:08 PM

I don't think one can open a account from india in US bank. However i had visited a website which says that anyone in the world can do business from USA. I tried it but did not.

I am in H1B and i opened a business account in USA. The procedure is to get a fititcious businesss name from the citi and open a account in any of the banks. Later apply for a business license from the city. Every year you will have to file tax return (i do it on the month of december). It is very easy and consulars help over there. Additionally you have a advantage to talk to any of the SCORE/SBA members and improve your business.

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11-20 08:25 PM

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GC_Applicant

07-15 04:17 AM

Found this interesting information on the shusterman.com.

"The next day, Representative Tom Lantos (D-CA) introduced the "Health Improvement and Professionals Act of 2005" (H.R. 139). The bill proposes to "recapture" over 130,000 immigrant visas lost due to bureaucratic inertia during 2001, 2002, 2003 and 2004."

Complete article can be found in:
http://www.shusterman.com/feb05.html


Any updates or insights into the above article....

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st4rguitar

04-06 01:57 PM

Hi,

I am completing my h1 4 years and 7 months..

Planning to apply for GC.....I don't know about PERM processing...

1, How long its taking for PERM processing (including ad etc.,)?

2. Which center is doing PERM faster?

3. will there be any issue if 2 companies file for LC for me in the same center? my current employer is going file LC, but thinking to join some other company.

Please help.


1. To file the PERM itself it is minimum 60 days, though realistically it would be closer to 75-90 days to file. Regarding processing time, it depends on which category, if it is subject to audit, etc. I would say average would be 4-5 months.
2. Chicago hands-down is definitely faster than Atlanta.
3. No.

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ronitm

06-30 12:01 PM

I selected H1B: SPECIALITY OCCUPATION as that was the manner i last entered the country in Dec 2007. Even though i have an AP(haven't used it) but for my wife(who entered on AP) i selected DA: Advance parole. So if you used AP at POE then your status is DA. Hope that helps :)

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sw33t

07-28 10:32 AM

Join the texas state chapter at

http://groups.yahoo.com/group/texasiv

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dude

10-05 02:25 PM

Its not a problem. As long as your I-485 is applied and pending , you can apply any time.

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jjlittlegiant

01-03 10:17 AM

Hi people, I am currently applying change of status from H1 to F1. Since my PERM got audit, and my h1 visa is going to expire in the end of January 2009, I need to change my status to F1 student visa in order to stay in the U.S legally. Now, I am trying to fill out the form I-539 by myself, and I got confused on:
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? thanks a lot!!!

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