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  • logiclife
    07-23 11:11 AM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?

    GUYS: Do not advise if you dont know AC21 portability for sure.

    To CanadianIndian:

    No. Nothing will be impacted. You can move to a new location.

    During the first 180 days:
    You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

    After 180 days of filing:
    You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

    If you 485 is approved in less than 180 days:
    This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.

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  • zamoo
    09-03 01:41 PM
    Hello Folks,

    I'm Aug-2005 EB2-I.

    Haven't received my GC yet.

    I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.

    I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.

    I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).

    My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.

    So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?


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  • forever
    08-03 10:24 PM
    Any link?

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  • visaspirant
    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?


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  • bsbawa10
    09-07 06:32 PM
    And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
    I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.

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  • FinalGC
    03-30 10:40 AM

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    I would appreciate some wisdom here.....


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  • TomPlate
    12-03 10:01 AM
    I asked an other question which is more related to this and somebody deleted. Please answer these as it is really hard.

    Here is my question,

    1. After 180 days I would like to change job.
    2. My I140 approved in feb 2006.
    3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
    4. Can I quit before Apr 2008 will it have any issues in my Green card process.

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  • rkat
    02-06 11:21 AM
    Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

    Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

    Can somebody please help!

    Thanks in advace.!


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  • kondur_007
    09-22 05:13 PM
    Thank you all for your reply.

    I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.

    Thank you again for all replies.

    You will be just fine. Neither you nor your company will have any problem.

    Take it easy and relax.

    Good Luck.

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  • Googler
    07-18 10:13 PM
    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -


    The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file ( is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
    I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.

    I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.


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  • sapota
    07-16 04:43 PM
    That could explain why NSC never got the memo. Remember only EB I-485 is in question.

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  • pappu
    12-05 04:59 PM

    No offense, but why have you opened 2 threads with very similar information and questions?

    Your other thread about soft lud updates ( is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.

    After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.
    You are right. LUDs can be misleading and do not give accurate info on what is happening to the case. In the absence of info, people make do with whatever little info they can get. I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D


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  • pani_6
    07-03 12:06 PM
    OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.

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  • STAmisha
    11-23 10:04 AM
    I spke with attorney Murthy's office .

    Here is the process.

    Advertise in a news paper for 4 weeks
    Advesie in website for 4 weeks
    Advertise in company's location for 4 weeks

    All the above ads running consecutively.

    Then there might be 4 weeks silent period

    File a form with DOL with all this

    ** be ready for the **** incomepetent BEC to throw another rock at you**


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  • desighee
    02-25 12:43 PM
    Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..

    I don't know where u stay in MD but if u are near Baltimore don't got to Baltimore MVA.
    Go to the one in ESSEX.My wife had too many issues at Baltimore MVA but essex people were very nice and had a seperate person dealing with licensing issues for visa people.

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  • dskhabra
    02-23 02:38 PM
    Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.


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  • webm
    05-21 08:22 PM
    Is it 120 business days or just week days?

    Its just = 120 in advance from your current EAD expiry..It doesnt matter with business days.

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  • deepimpact
    08-23 11:25 AM
    And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.

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  • mashu
    06-01 02:48 PM
    Hi People,
    I getting even more confused:mad:

    My status - AOS, H1B expired, staying on EAD.
    Ap is valid until the middle of November 2008.

    I have to travel abroad end re-enter more than 2 times from now to the AP expiry date
    USCIS sent me 2 exact copies of AP - is that mean that only one stamp per each re-entry implying that I may travel out of country only twice until AP exparation end re-enter twice only???
    Or there allowed more than one stamp on AP paper - using one AP per multiple entries??
    Sorry, I am confused :confused:

    05-29 12:43 PM
    I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,

    1. The application can be filed 120 days before the expiry date. (based on webm's reply).
    2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
    3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?

    Thanks for any help.

    04-12 12:33 PM
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