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aguy

07-21 07:18 PM

hi,

thanks to everyone here for the kind input, I am almost done with my GC application under NIW. Since I have a load of documents for primary evidence,
how should I arrange them and where should I mention the "table of contents" so to speak. I have a detailed cover letter also.

thanks,
ashish

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Marphad

01-06 01:59 PM

Change.org (http://www.change.org/ideas/browse) (pick Immigration in the browse by cause box on the right side of the screen) is now actively voting on various ideas.

There are 3 ideas there, but none for our cause.

I am no pro on these, but may be we could get an idea inserted for our cause and get enough votes on it.

Thanks for posting this.

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GCHope2011

10-20 06:12 AM

Get it Notarized with photo and send the document.There are standard formats available.
If it is Power of Attorney to deal in property matters on your behalf, then the notarized copy also needs to be stamped by the Indian Consulate in your area.

So there is one more loop involved - to get it endorsed by Indian Consulate, after you have done the notarization. I believe this is something that has become applicable recently as I had to do it last month. A few years ago when I had done the first one, it was just preparing the POA document, and getting it notarized.

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gcfriend65

12-07 03:05 PM

No, it;s not possible to get the approval letter for H4 in India. It is usually sent to your home address or lawyer's address in US.


Hi
my wife has got H1 this year and
she wants to transfer to H4 as she got Ead and she
wants to use EAD .and still we didnt get AP.she wants
to leave to india in jan she dont have stamp in her
passport

if we apply now for the conversion of H1 to H4 can
she leave to india now and can i send that approval
letter to india then she goes to stamping in india.
is it possible. please suggest me

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GCwaitforever

06-19 10:11 AM

Here is my understanding after I read the report.

There is a law that says that I-485 applications will have to be processed within 120 days. According to USCIS interpretation, the clock ticks only after FBI name check, this check and that check. But the supervisors/adjudicators have authority to bypass the check and process the application after 40 days of no reply from FBI or other entities.

None of the above mentioned can be construed as legal advice.

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rkumar28

05-26 03:33 PM

I had applied for my H1B extn and got an RFE. Lawyers replied to it and its almost 7 weeks now, haven't got any reply.

Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?

Hi Raj Kumar,
I am completing my 9 years on H1B and my H1B is expiring. I have applied for the H1B extenstion since my I485 is still pending. What exactly does the RFE says....Can you please provide some details...it will be helpful....

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desijackass

03-08 09:37 AM

I posted this on my facebook. Just to spread the message. I think most people think immigrants steal their jobs, but the truth is sometimes we struggle to hire a local person and then a foreigner walks in with the skills we need, but we can't hire him. (this is not to say we have not had good quality local people for the job as well)

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pappu

12-07 10:21 PM

I am surprised How NU is achieving some of the web faxes. Their home page makes you send a email/web fax to Dems&Reps before it lest you in.

neoneo,

It sound so weird that the GC holders you mentioned dont want to register. Sweet! Tell them that by registering on IV, their GC will not be revoked.
nice reply!
Its good to hear that GC holders are also willing to help us. Have them register on our site and request them to make phone calls. If you know US citizens tell them too. Tell them to mention that they are US citizens when they call lawmakers.

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conchshell

07-11 11:53 PM

I applied for the subscription, please approve my subscription

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IntezarGCKA

02-19 11:46 AM

Anyone knows about how to bring teachers from india.

I would appreaciate if anyone can tell me if any schools or some other institution is sponsering H1-B

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anilsal

07-06 10:43 PM

Dear Core Team,

Can you please indicate on the site if there are any bills (pending or otherwise in both the house and senate) that can get renewed focus or revived that would offer some sort of relief to the current situation of unavailability of visa numbers in the employment based green card process. I strongly feel that the current momentum and attention being drawn by the DOS/CIS update can be used to urge congress to pass some interim measure outside of CIR. That is where in my opinion should IV's focus be at this juncture. If and when you post anything on the site, i and other IV members i'm sure shall begin calling house reps. and senators to urge them for bringing the bill to the floor so that it provides relief to hundreds of thousands of legal immigrants.

Thanks!

Please IM the core members directly. I am not one. But I am sure once they ascertain your identity, they will provide all the details that you require.

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guideme

04-08 12:16 AM

Hi ,

I got my H1B extension done and seeing issues with that, please can somebody help me out on this ASAP. My old I797 is valid till June 14th 2010 , when I went to India I got an I-94 issued at port of entry which has the date June 24th 2010.

Now my current I797 has been approved from June 25th 2010.

What is my status from Jun 14th to June 25th ? Am I in status because I have a I94 valid till June 24th or will I be out of status for those 10 days ?

Can I work and have my payroll run for hose 10 days (June 15th to June 24th)

Please respond ASAP as I have very short time to act on.

Thank you.

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mbartosik

04-03 05:19 PM

If your lawyer or you can get through to a person at BEC maybe you could get that person would agree to accept mail addressed to a specific person at the BEC, that way there would be someone to contact to check that they have it.

Obviously they wouldn't normally do that, but if someone there believes the lawyer that it was lost twice then they might take pitty.

That way you are dealing with someone rather than a black box.

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averagedesi

07-18 11:34 AM

My attorney fee for 485 filing included only EAD and NOT AP, she was asking abt 500 $$ for each applicant, I wanted to do it myself as its a pretty easy process.

Is there a way to file for AP without the receipt number for 485? I wanted to file it under the old fee structure.

Also anybody knows how long it takes to process AP? probably i have to look at the USCIS processing times

Thanks!

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chprav

10-23 12:33 PM

I've not get EAD and AP and been waiting for last few months. My wife got both EAD and AP. Is it good idea to call USCIS I/O about my status of EAD and AP? I applied for all 485/EAD/AP in june last week and got the notice on Aug 15th. Please check my signature for more information.

Please suggest me.

If I've to call, what is the procedure? Please let me know.

Thanks..

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smartboy75

12-19 12:52 PM

You should be fine. Now that you have the receipt, you can start working for employer B. Some wait for the actual transfer to take place before working. It is a matter of preference. From what you have mentioned, your case seems to be pretty straight fwd and should not be an issue.

Good luck.

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reddymjm

06-09 11:11 AM

We are planning to meet this Saturday. Please PM me with your personal email and phone so that I can contact you.

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waiting for GC2010

11-13 05:28 PM

Hello,


I think there is no such way to maintain H4 status legally if you shift on to EAD.
The only possible ways in your case if you shift to EAD is
i) Change the status of your wife to F1(STUDENT VISA) so that she can study or
ii) If she finds any sponsor go for H1(so that she can work).

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allen_1974

01-21 11:11 PM

Pls reply.

Thanks

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gbof

07-15 04:59 PM

What was done under medical ? Vaccination , TB test , XRAY , ..


Thanks for your help.. also would you let me know doc's name if I PM you ?

NO insurance company will cover the medical examination for immigration and this is true. Medical cost may vary.

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Luli726

05-18 12:19 AM

I would really welcome some help with my question! My foreign-born fiance and I would like to be married within the coming year. We are both students (he in CT and myself in MA). Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school? I really appreciate your help, I can't find this answer anywhere! Thank you!!

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girishvar

08-08 11:18 PM

1. There is no need that you should stay with your father.

2. For Canada trip go through Canada Web site based on your nationality. you might need an visa depending on your nationality.

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pappu

08-31 01:41 PM

IV needs volunteers

As the time approaches for heated immigration debate on the Hill, behind the scenes IV activities are also are also going to increase. IV core members have full time jobs and thus we need more hands to share the mission we have all been working on.
This is a request to IV members if they are willing to spare a few hours everyday for some IV's work. This work will involve writing lots of emails (a template will be provided) and making phone calls.

We all are going through a lot of frustration due to the delays in our green card processes and I am sure highly skilled and educated spouses that are on H4 would have more than our share of pain due to not having any work permit. If we could have such volunteers who can devote few hours during the day for IV it would a Big help. With everyone's effort and support we will surely succeed.


If you would like to help us, please write to himanshu at immigrationvoice.org

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hpandey

12-28 10:30 AM

Hi,
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.

Thanks,
Sunil.

Hi Sunil

On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.

The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).

But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.

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sweet_jungle

10-14 04:33 AM

This is getting ridiculous...losing my patience

I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers

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tomguide

10-05 06:12 PM

Can somebody share any idea/experience/suggestions? Thx a lot!!

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roseball

03-30 10:32 AM

A few months ago, BEC would respond to emails from the beneficiary regarding case status if the beneficiary mailed from the company email Id. They would send a screenshot of your case details. You will have to include your name, company name, state applied from, and DOB. I did that several months ago and got a reply from DBEC. I sent them an email with my details requesting them to send my case details so I could file for my 7th year H1 extension and got back a reply with screenshot after 2 or 3 days. You can give that a shot but no guarantees that BEC will respond as I heard they stopped doing that now. You can get the email Ids for 7th yr H1 ext email queries from the DOLs site. Good Luck.

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americandesi

08-29 07:23 PM

Today, my friend told me that there is new policy prohibiting employees from paying the H1B application fees for their employers. Has someone heard about this policy? If so, would you please provide me some more details on the issue? Where could I find the policy?

I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!

Prohibiting employees from paying the H1B application fees is not a new policy. It has always been there.

Refer violation 4.(i) in http://www.dol.gov/esa/forms/whd/WH-4.pdf

However there is a new policy prohibiting employees from paying Labor related expenses in GC process.

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goel_ar

07-25 07:19 AM

I am on H1 & my H1 (& visa stamping) expires in Apr 2009. My wife has H4 stamped on her passport until Apr 2009.
My wife got her H1 approved in 2008 lottery with permit to start work starting October Ist, 2008.

We are planning to take cruise to Bermuda from sep 28-oct 5. I just wanted to know ,
a) will her H4 stamping be expired on October 5, 2008 , as her H1 will become effective?
b) or she can use existing H4 stamping to re-enter into United States.
c) or if someone knows whether she needs a valid visa stamping in accordance with her latest immigration status (h1 in this case on oct 5 , 2008) when returning to US in cruise.

Thanks in advance.
AG

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greenisgood

12-07 12:11 PM

H1b starts mean the day LCA Petition is filed or day I797 is issued ?

Day 1 means the receipt date of your H1B for Company B.

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coronapup

07-24 09:02 PM

To be on the safe side, she still wants to file the application if it doesn't affect the 485.
Anyone file COS to H4 lately? Which center I need to send my package? :) THANKS A LOT

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Munna Bhai

01-11 12:23 PM

Hi All,

I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.

I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.

Thanks,
Purushotham Nayak

GC has nothing to do with H1b only issue is they will verify whether you were in status all the time.

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austingc

08-12 12:07 PM

Do you have I-94 attached to the approval notice?
Yes, I-94 is attached to it.

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gcmaker

03-26 10:05 PM

I don't think that would work. Here are a couple of articles that seem to suggest that you cannot create your company on H-1B (http://www.laborimmigration.com/2008/01/starting-own-company-on-h-1b-visa/) and also that you cannot volunteer to do a job which would otherwise by a paying job (http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/)

Hope that helps.

As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)

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nhgc

03-12 12:40 PM

I140 pending under EB3, non premium category with receipt date 2/1/07.
I have worked for my current company for 6 years. Currently in the 7th year of H-1B with 1 year extension until March 08.
I want to change jobs due to dissatisfaction with current work, and also due to possible future restructuring within company.

How can I change companies without having to go back or live overseas for 1 year and start the process all over again?


Thanks,

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cr125rider

04-16 01:43 AM

Update:

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martinvisalaw

06-12 04:35 PM

You should speak with a contract or employment lawyer in your home state about this. The rules on these agreements vary from state to state, and the agreements are often not enforceable. Even if the reimbursement agreement is enforceable, an employer can never ask an employee to pay the training fee ($1500 or $750, depending on the size of the company).

PS - this should really be in the nonimmigrant visa forum.

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Blog Feeds

03-15 09:30 AM

Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:

Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.

The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.

A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.

Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.

Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.





More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)

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drirshad

01-30 04:30 AM

You are a better sponsor coz they can reject the visa saying potential immigrant if ur uncle sponsors it and its easier as many parents visit are coming.

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ani

10-16 07:14 PM

HI
I havenot received any FP notice till yet though I have got my 485 notice.
If I want to change the location of FP,can I do that?Because my project is getting over and I have to relocate to Texas from California.
If my FP test is scheduled for California,Can I apply for a change in location for Texas?
Thanks in advance.

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shan74

12-10 01:51 PM

Did anyone applied for I-140 in September 2006 and still waiting for approval.

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kufloyd

05-20 07:15 PM

I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?

Thanks,
Kunal

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Lisap

11-07 12:35 PM

It is required that you send photos for your ead as they put your picture on the actual ead card. I did not apply for AP so I am not sure about the requirements for that. Good luck to you.

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va_dude

08-18 05:33 PM

dude.. are you talking about renewing your AP or EAD?

I dont think there's any such thing as renewing an I-140.

get the facts right.

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GotGC??

06-22 05:18 PM

Folks,

The "Time as Resident in a USCIS District" clause in the naturalization process says that "Most people must live in the USCIS District or State in which they are applying for at least 3 months before applying".

If you have gone thru this process could you please tell if this means that
a. the person must have stayed for at least 3 months during any time during of the residency period to be eligible to apply in that district

OR,

b. the person must live in the district for at least 3 months immediately preceding the naturalization application (for example, if applying in July 2010 then must be present in that state/district at least since Apr 2010)

The reason I'm asking is that I know people who live in India after GC and then come return to get citizenship...so wondering how it worked...

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gcpool

08-07 01:20 PM

How about filing writ of mandamus

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chanduv23

09-15 11:44 PM

They dont show much of the cheerleaders in football games... unless it is a cheerleading contest......:p

Ok people watch basketball also JUST FOR THE SAKE OF CHEERLEADERS

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wandmaker

07-27 01:11 PM

Every time I call USCIS to inquire if my I-140 is filled under EB2 or EB3. They ask me to ask my lawyer or employer to call. They won't tell me. I do have a copy of I-140 that states it is Eb2 (Advance degree and all)
I cannot ask my previous enployer to call as I have left the company using AC21.
Please advise what is the solution?

EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.

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dbevis

January 5th, 2004, 07:04 PM

Which translates into:
30358 rolls of 36-exp
and that comes to roughly $500,000 in film and processing costs (at normal retail prices).

Whew!

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andycool

01-24 03:09 PM

I have an employee who was a student and then got employment authorization. She asked me to begin the process of getting her an H1B; but then we determined that she really wanted a green card. Can I use the LCA I got for her H1B to apply for her I-i40?

LAC for H1B and LCA for Green card are entirely different .

Thanks

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nursekm

08-13 01:36 AM

I traveled to Canada and back. The CBP-US stamped both my AP. Can I use the stamped AP for travel?

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pani_6

12-15 02:28 PM

To buttress IV strategy any tasks for members during the holiday season..I understand we dont dicuss any strategies in open Forums..but to support your strategies during the holiday season?..people will have a little more free time..so we can involve in writing / meeting senators!??..

There is only lill time before the senate opens again!

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superdude

07-17 03:19 PM

Is there any legal issues?

Is it a good idea?
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.

DHS will issue a press release to this effect later today.

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superdude

07-17 03:19 PM

Is there any legal issues?

Is it a good idea?
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.

DHS will issue a press release to this effect later today.

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gcpool

07-02 02:21 PM

I dont think will give a true picture. There are a lot of people who dont care about tracking once they apply.

who are these 60k cases? i cant see it on or anywhere. these will some reflection of this..correct?

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sbmallik

04-05 11:42 AM

I don't know of any way to detect I-140 revocation. Contacting the employer's legal department is the only solution ...

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nobody

05-30 04:08 PM

Psh, before PI there was 28. Don't be messin with it.

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crazy

07-18 12:27 AM

I congratulate everybody for getting the opportunity to file 485.I am truely happy for u guys.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.

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mnkaushik

02-14 10:49 AM

Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?

Generally you should get 3 years, if you have three years to get to the 6 year limit of H1B.

Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp

A Colleague of mine did this and did not have an issue. He went to india last Oct with his previous visa stamped in his passoort and I 797 approval of the new visa. My Company lawyers told him that he wont have any issues and he is back from his vacation and working. So i guess he did not have any issues.

What I dont know if how long was his previous visa valid for but I dont think it should matter till it is valid for sometime when you try to enter the country.

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sathyaraj

10-01 10:36 AM

Hi ,

I have a PERM filed on Nov 2006. and it is approved. Like most ppl here I also applied for I-140 & I-485 during July and got the receipts. I am looking to change companies using AC21 by next Jan but would like to keep my H1B active.

I have the following qns:
a. If I find a new employer(B) who is willing to transfer my H1B, will I get extension 3 yr extension beyond 6 yrs based on my current employer(A)'s PERM and approved I-140.

b. I know that 3 yrs extension is possible with approved I-140. Is it possible with new employer also (the one who has nt filed ur GC ? Also Is 3 yr extn possible after filing I-485 beyond 6 yrs?

Thanks

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vinzak

05-18 11:28 AM

My friends received Green cards in 2007. They live abroad, but make regular trips tho the Us to visit family and maintain their GC.

Unfortunaltely, they recently misplaced their green cards. They are planning a trip to the US this month, for which they have received travel letters from the US Embassy abroad.

Would anyone know what the process is afterwords? We know they have to file I-90s to replace their lost GC. Does this have to be done at the port of entry? Or is it done at a local office on reaching their final US destination?

Also, will they be called for a biometric appointment locally or can that be done at a Port of Entry. Can the biometric be done at a location abroad?

If anyone has any info on this, it'd be truly appreciated.

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REEF�

05-09 08:32 PM

Looks really nice sharif ;) Reminds me of your grunge days on the forums last year!Lol yea...I'm not sure if this is exactly grunge, it looks more like a pixelish graphicified brushed sort of thing...never mind.

:beer:

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rajkumar_engg

05-26 09:25 AM

I had applied for my H1B extn and got an RFE. Lawyers replied to it and its almost 7 weeks now, haven't got any reply.

Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?

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