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masti_Gai

10-27 08:01 AM

What is the relation between your H1 petition approval and ur hubbyz pay stub i just don't understand. If the query was regarding ur salary which the prospective company is gonna give it would have made sense. But why would ur hubby's salary matter to them for approvin ur H1 is still don't understand.:(

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ksvreg

07-19 11:37 PM

Yes, I am also seriously finding out the solution for this. One of my friend told me that I can wait until I receive the finger prints. Once finger prints received then we should not get finger prints done. That way, USCIS terminates our applications. Not sure, how easy it is.

Please keep posted and send Private messages if you can.

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fromnaija

06-22 06:45 PM

The short answer is yes. Once you have an approved I-140, you can ask to be accorded the PD on any subsequent I-140.

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sanjose16

02-23 03:27 PM

Currently my wife is on H4

I'm planning to file H1 for my wife (through another employer on April 1st, 2009). Regardless of the situation (H1B Cap lottery process or general process) if my wife's H1B petition is accepted, processed and approved (generally betwen April 15th 2009 and May 31st 2009), she will get work permit (with start date of Oct 1st, 2009) by May or mid June, 2009.

My company is also planning to file for my H1 Extension (along with H4 Extension) in April (cannot be filed it seems due to other cases) So, in this scenario if my H1 extension (along with my wife's H4 extension) is filed after April 1st 2009, then we will have an overlap situation (as USCIS will be receiving two petitions (one for H1 and one for H4) for my wife) in the same timeframe. How will USCIS deal with these scenarios?

As long as her H4 is approved before her H1 (if she gets through lottery and approval process), there won't be a problem (as H1 will be replacing her H4 to my understanding).

But if her H4 is approved after her H1B approval, then there is a risk that her H1B will be cancelled because of H4 approval.

Please let me know solution to this problem. Thanks in Advance

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everonh1

06-26 06:09 PM

Thanks ameryki.
I checked the website- but most posts are for electronic filing.
Didnt see anyone posting more on Paper filing.
I checked out the awesome post by Dhundhun on E-filing/paper filing etc - he has done a great job posting good info on self filing EAD/AP.

Was just looking for responses from someone who did paper filing in recent past and also if he/she faced any issues etc.

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12-27 03:10 PM

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qplearn

11-20 01:06 PM

If you are a IV member living in NY and want to be actively engaged in the NY chapter activities, please send a PM to bottlemani. If all those in NY get together, it will be easier to plan joint visits to congress people: house members and senators. Even if you don't have a car, we will be able to coordinate better if we know you are willing to spare some time.

I am sure there are many members in NY. It is a big state with several businesses.

Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.

As a first step, please put your name on the NY chapter.

http://immigrationvoice.org/forum/forumdisplay.php?f=49

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shsharma_2000

02-08 12:39 PM

I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.

Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.

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fromnaija

09-01 04:52 PM

1) can my spouses h1b get 7th year extension based on this?

no


2) if not, can my spouse move to h4?


yes

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gcby2099

05-03 10:35 PM

Guru's pl help..

One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.

Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?

Thanks in advance..

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intelarv

07-29 06:16 PM

Thnx...

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beppenyc

09-22 12:59 PM

Can somebody can suggest me a good immigration laywer?
Thanks

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ujjvalkoul

10-04 12:18 PM

It will be better for u to renew ur H1 while here is US....and before ur current H1 expires...unless u want to go to india for some specific reason for 6 months..

Get it renewed via preium processing..should be done in 15-20 days...then book apptt for VISA in India and go get it stamped.

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AreWeThereYet

08-04 09:37 AM

Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.

I like that. Thanks for posting the update.

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LOL123

11-24 03:59 PM

We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001

- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.

- Our date is now current however processing at Texas is still stuck at June 27, 2007.

- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??

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upuaut

10-21 12:53 AM

very sweet sir.

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like_watching_paint_dry

01-06 07:03 PM

Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?

I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".

Are you stuck in FBI name check? You can call CIS and check the status.

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90210

03-28 04:35 PM

Hello All,

I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?

Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?

b. Has an immigrant petition ever been filed for you or for any other person included in this application?

c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?

I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?

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chintu25

08-16 02:36 PM

hI wALKING dUDE tHANKS FOR jOINING IN .....yOU CAN HELP BY POSTING BANNERS AND POSTERS IN groceries and temples and other places such as gyms etc to propagate our cause . You can find the slogan/banners in thread posted on mainpage or i can email u some all the best

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franklin

04-04 03:37 AM

Just in case you missed my other post
On the Agenda:-

Meeting the lawmakers - who, how and when?

pm or email me at tamsen(at)gmail.com me for conference call number and bridge number

For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691

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abhi_jais

01-09 02:31 PM

Dear All,

I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

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imhrb

01-06 04:01 PM

Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?

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logiclife

03-02 02:26 PM

No.

It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.

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atlfp

04-13 09:32 PM

This is exactly the problem. There are a lot of house straight head Republican's who won't give up their anti-immigration position. Because of their existence, anything on this issue that wants to pass need Democrats vote.

The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.

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raysaikat

07-31 07:21 PM

Hello all,

I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.

My question is:

1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).

2: Would my F1 application cause my 485 to be denied or vice versa ?

Thanks in advance

Your F-1 will probably be denied since you have expressed intent to immigrate by filing I-485. What's the problem with using EAD (assuming that you are the dependent)?

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javadeveloper

07-27 10:24 PM

Sodh thanks for your responses

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pscdk

08-30 02:12 PM

I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.

Since I am married now, will that cause my application to get rejected as I applied as Single.

I am not sure how would this be handled at USCIS end ?

Any idea ?

I believe your application won't be rejected as you can always add on your spouse to your 485 application after you get married, before your 485 application gets approved or rejected and when your priority date is current

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apoojo

06-21 10:58 AM

I am not a lawyer but was involved in something similar.

C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.

If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.

Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.

Good luck!

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InTheMoment

08-13 10:32 AM

Admin....how about closing this thread..please.


Lets create new thread for every application received by every different person and track each of them ....


Why can't we spend some time on DC rally and do something productive then tracking who received your application..

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sameer2730

09-30 09:06 PM

Do not submit your I-94 at the canadian border. Just say you intend to come back within 30 days. If you go by road no one will ask you for it either. On the way back show all you documents.

One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.

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karthkc

03-17 05:02 PM

i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.

AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...

If this is not true and there is a discussion on this forum clarifying that, I would like to know too...

Anyone?

Thanks!

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lacrossegc

12-11 08:17 PM

Cool Mr engineer !!
I'm in La crosse, WI...
Already signed up for recurring and $150 one time for Omni bus

Fellow WI-IV folks, please contribute ....

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geve

03-02 11:22 PM

Can we file H4 to H1 under premium process?

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noida123

07-28 08:46 PM

It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?

If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.

Regards

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perm2gc

09-07 05:00 PM

I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.

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AllIzzWell

03-08 11:19 AM

Gurus,

I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.

Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).

My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.

Any input/advise is appreciated.

Thanks

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ChainReaction

08-08 11:53 AM

Hi ,

Finally after a long wait i heard some good news from my lawyer that my labor from PBEC has been approved.
I have few questions in regards to my H1-B visa extension . The labor that got approved was from my previous company PD March2003 and i also have labor pending for my current company PD Feb2005.
I wanted to apply for three yrs extension on my H1B I will be completing my 5th yr in Feb 15th 2007 and would like to know if i can get 3yr extension after premium processing i-140 bec based on some of the post on IV i came to this conclusion that one has to be in/past their 6th yr term on H1b according to AC21?

Secondly, i would like to know if i can use copy of approved i-140 from my previous company and get 3yrs H1b extension.

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Axilleus

09-25 10:58 AM

Hi
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.

I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!

Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.

I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.

I would also like to know how long it took for any of you who applied for the EAD??

Thank you!

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Aura M.

01-14 02:51 PM

Good Afternoon:
Quick question.
I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
Any one that all ready this step pls advised.
-Do I need to fill out a Labor form again or just I-129 to USIC ???
Thanks for any info.

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ImmiUser

12-01 04:58 PM

so does it means I can have only one GC (I485) processing at a time ? I can't have two GC(I-485) processing in parallel , one dependent I-485 which was filed through my husband's and another one filed under my own GC processing ? Actually, as I already have I-485 filed under EB3 and was planning to file another one under EB2 and though I will take the one whichever gets approved first. Also, this way there will be a backup plan as well. But seems like that is not feasible..huh (

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johnggberg

08-12 10:38 AM

dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck

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pointlesswait

01-06 10:23 AM

just ask your attorney ..if its possible to move from EB to FB category.. you should get ur answer..
better to go get a paid consultaion with murthy..or someone else..

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LostInGCProcess

02-04 04:55 PM

Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.

I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska


HTH
Hawaii and Alaska are states that are part of US and you are free to travel anywhere in the 50 states of US without the need to show Visa or travel Document. However its not the same with Mexico. Its a different country.

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akhilmahajan

10-03 12:46 PM

Hello All,

I have applied for my 485 in July 2007 and I have received receipt notice for 485 application as well. I also got the appointmnet for FP. I moved to a new location and address has chaged now. If I update my address in USCIS, What are the consequences?

I still have access to the mail in my old address as my friend lives there.

Please suggest.

Thanks!!

Changing of address seems to be a simple procedure, but it is very inconsistent and arduous.

Please follow this thread.
http://immigrationvoice.org/forum/showthread.php?t=13833

I hope this helps.

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sac-r-ten

03-22 12:10 PM

total time in labor with news paper advt and all buffer is 6-8 months. I140 take another 2 weeks in premium processing. so in all 9months approx. that should give further extension on H1b.
Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.

good luck.

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sushilup

09-28 12:41 PM

ANY ONE ON THIS PLEASE



Hi Guys,

I didn't find such a thread in my search. If you thing there is already one please delete this.

I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.

My I 485 transfered from TX to CAL and now to NEBRASKA.

131 AND 765 says received and pending at California

package was received at Texas on 23rd July and Cal center issued notice on Sep 24.

Please let me know if anyone has similar case.

Thanx.

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milind70

06-15 09:15 PM

My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?

There are two scenarios to this

Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.

Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.

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kaisersose

09-17 12:03 PM

You can take a 2nd additional job if needed..
Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...

And when you invoke AC21.. You must have EAD in hand...

NB: WWW = Work Women Weather...

AC21 can be invoked by transferring H-1b.

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01-18 04:13 AM

Yes, I would really appreciate that!

It doesnt necessarily need to be HTML. I just need to make sure German characters such as �, � and � are properly displayed in every browser.

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roseball

06-27 01:23 PM

Yes, go ahead and upgrade your pending H1 extension to premium processing. As per the law, USCIS can deny your H1 extension if a 485 is pending at the time a decision is taken on the H1 extension petition...This is a possibility only if they check if a 485 is pending while they adjudicate your extension petition.....

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gc4me

04-18 09:45 PM

Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
Good news is not many ROW eb3 for AUG03. Date will going to move definately.

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sln2001

08-25 07:57 PM

One of my friend was in a similar situtation.His attorney filed h1 extension providng the proof that a previous labor application was denied and the new one has been filed and is pending . He was able to get his h1 extended for an year.His situation was far worse , he had only a month left on his h1.

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seeking_GC

07-02 09:45 AM

I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485

Also if I use fedex then it cant deliver to the PO Box..I am really confused..

If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?

Can someone please advise? Apologies if this has been covered already.

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microsai

04-16 05:17 PM

Has anybody recently done their stamping in Canada?
I would like to check if I can go there for renewing my visa

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hiren_vataliya

05-30 05:42 AM

Hi
I am Hiren Working as software developer.
I have resign from company last week,
But company don't given me experience letter , relieving letter.
company simply refused my request and said to not possible.
In another company required this letter.
Also Company using illegal pirated software to make product ..
What i have to do?
What action i should take for this?
Kindly help me ...

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dc2007

06-29 05:07 PM

Hi,

I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

1. Can I file new labor in PERM without affecting my current labor and I-140 ?

2. Do I have to mention in my new labor about my old labor and I-140 ?

3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

Thanks
DC

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smuggymba

10-08 03:00 PM

I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).

I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.

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Kapils573

12-11 12:55 PM

Priority date : May 2006
EAD : 2 yrs

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gregspirited

09-22 02:13 PM

I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.

My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?

1. Will I have to re-file for PERM again with the new company?

OR

2. Can I continue under the already audited PERM in smaller company's name?

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learning01

04-28 10:11 AM

Don't you get one from your employer each year. I received paper and soft copy of W-2 (the paper copy has atleast 4 copies) each year.

I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.

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walking_dude

08-16 02:23 PM

Chintu25,

I've joined the Google group. I'm unable to attend Sep 18th rally due to personal reasons. But willing to help in whatever other ways I can.

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greencard_fever

08-08 01:01 PM

Folks,
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?

How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?

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desi3933

09-05 01:23 PM

I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.

Is it okie to have gap between AP renewals or is it a problem?

Thanks
-p

It is ok to have gaps in dates for various APs.


**** Not a legal advise ****


____________________________________
Proud Indian-American and Legal Immigrant

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