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  • coalfadmin
    01-24 02:34 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?





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  • gunabcd
    06-22 12:13 PM
    My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?

    I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.





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  • applejelly
    11-18 10:53 AM
    lol! I see what you mean





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  • kirupa
    03-27 12:46 AM
    It isn't showing up in IE for me, but it does show up in Firefox. It must be some JPG setting?



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  • DallasBlue
    06-23 11:55 PM
    you can mention either ways. legally it shouldnt be a problem.

    (professionally it does look bad)

    ==as always seek legal consult.





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  • jediknight
    08-08 08:29 PM
    It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

    However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).

    Thanks Ann.

    I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)

    - JK



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  • nid
    03-17 04:28 PM
    Guys,

    I would appreciate if you could help on this.

    I last entered in US using AP and currently working on EAD . My H1 is going to expire in April 2010. I am thinking of renewing it to provide a backup in case anything happens to my 485. I have to go to India in July 2010 and I would like to come back using AP. Pleass let me know which of the following option is best for me.

    1. Renew my H1 now and go to India n July and come back using AP.I understand that in this case, if I have to use H1, I would have to go to India and get it stamped.

    2. Come back from India in July and renew my H1 after I come back. Is this possible to renew the H1 after it expires and do they give you a I94 in this case?


    Please let me know what you think. I need to decide ASAP.

    Thanks





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  • omahaguy
    08-05 11:48 AM
    Company A attorney says I can apply for 3 year extension from B. Still waiting to hear from B's attorney. Did you check with your attorneys?



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  • EB3gcwanted
    07-31 02:50 PM
    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks





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  • yestogc
    04-28 10:55 PM
    From your post it is not clear if your 140 is already approved or pending.

    Anyhow, assuming it is approved and he cancels, then an RFE is bound to come, it is best to file for AC21 with new employer, since RFE could also involve EVL with recent paystubs................. now since in your case even your new job is with a consulting company (do not know how big it is), you might get stuck with RFE too.



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  • martinvisalaw
    05-10 02:23 PM
    See here for details: Law Office of Elaine Martin - immigration news: FAQs on recapturing I-140 priority dates. (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)





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  • Didiusthegreat
    09-14 08:46 AM
    Well that is quite simple isn't it?

    If you have an object selected you see at the left "Position"

    Click on that and then click on move pivot only, then you can move your pivot to the right and let it rotate differant

    DidiusTheGreat



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  • immigrationvoice1
    02-07 04:27 PM
    This requirement has been waived in Nov 2007. Please search Murthy.Com or USCIS.Gov for the memo.





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  • iam4u4ever
    05-30 05:00 PM
    Can anyone tell me how long it will take to receive card after receiving welcome email?

    Permanent Resident Card Production Delays

    USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.

    If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.






    Last updated:05/29/2009



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  • whattodo21
    07-22 09:09 AM
    washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2010/07/22/AR2010072201548.html)

    Itis the first court hearing in the Obama administration's lawsuit against Arizona's new immigration law, a case that sets up a rare clash between the U.S. Department of Justice and an individual state over one of the nation's most divisive political issues

    Wonder what this lawsuit will bring to immigration reform discussion?





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  • STAmisha
    08-06 10:25 AM
    I have applied I-140 and I-485 on July 2. I think I forgot to attach one experience letters to it. Can I attach it to that I-140 after getting the receipt #? what is the procedure?



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  • SAPGURU
    12-30 04:07 PM
    Hi All,

    I filed my I-485 in month of August 2008. I have FP appointment for me and my son on 31st Dec 2008, and for my wife on Jan 2nd 2009. Can my wife just walk in for finger print on 31st along with me and my son ? or she only need to go on 2nd Jan ?

    Will appreciate your response.





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  • bowbow
    01-13 02:47 PM
    My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

    I have EAD with the same employer but not using.

    Is anybody in the same situation?

    thanks





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  • kisana
    06-07 08:04 AM
    Gurus , please provide me your input. I am little bit tense. It will help me alot. Also in the Copy the number from alien card what should I put. Since I am on the H1B visa, but I do have EAD also. Any help in this regard is higly appriciable.





    handless
    04-23 07:01 AM
    cool, yeah sorry bout the first one, wasnt really clear on the definition of nothing crazy... my bad, but yeah im glad you like the other two.





    anu_t
    09-21 12:29 PM
    Did you have a receipt number for 140? I'm in the same boat but I didn't apply for 485 yet. and I don't have a 140 receipt number.



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  • mbartosik
    03-14 11:28 AM
    service requests taking up to 60 days now and processing times 60 days behind published figures.

    About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.

    The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.

    I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.

    My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.

    She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.

    So summary:
    Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
    Real processing times are about 60+ days behind published (at least for Nebraska).

    Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.





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  • kirupa
    01-11 09:43 PM
    Many of the Windows Live apps (Writer, Messenger, etc.), Windows Server Add-Ins/Components, Expression, and a handful that I can't remember use .NET either exclusively or just for the UI.

    With .NET you still have the ability to make OS-level calls using the platform invoke methods. Here is an example where I showed how to do that: http://blog.kirupa.com/?p=256

    :)





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  • suttu
    01-14 12:28 PM
    Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.

    The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.


    Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.

    Can folks confirm that PERM certs indeed go missing and this is the only recourse?





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  • rb_248
    09-10 06:14 PM
    Gurus....please share your thoughts.



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  • indigo10
    04-05 06:15 PM
    I never entered the US in the first place.

    I believe you can enter as long as the visa does not expire. But make sure to check with your company lawyer.
    Also make sure you have a real job/work when you enter.

    MurthyDotCom : Immigration Rumor : New Visas NOT Required for H1B Employer Change (http://www.murthy.com/news/n_immrum.html)





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  • andr.in
    10-09 09:04 AM
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  • pappu
    01-04 11:09 PM
    article is here

    http://www1.immigrationvoice.org/media/indiapost.pdf





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  • maheshf
    03-19 11:45 PM
    Gurus Here is my situation:

    1) I am in my 4th year of H1-B still valid
    2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
    3) Have approved EAD and AP
    4) My Current company was a joint version between company A-B . differnt name X
    5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X

    What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.

    Please Advise

    -Mahesh



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  • sammyb
    10-19 02:17 PM
    It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
    I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.

    Thanks in advance

    You can check with the airlines and ask for wheelchair for you aged parents ... usually I have seen with Lufthansa - they provide a very good service when you ask for special assistance. Not sure what BA will do though ... you can always try ....





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  • SunnySurya
    07-13 08:21 PM
    This is just the sample list. The list goes on....
    http://immigrationvoice.org/forum/showthread.php?t=20052&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=20078&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=18258&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=17306&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=11983&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=11935&highlight=lawsuit
    http://immigrationvoice.org/forum/showthread.php?t=6324&highlight=lawsuit



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  • gcpower1
    02-09 06:31 PM
    Everyone know about the problem insted of sloving PROBLEM (slavery) they will chase the H1-Visa people to the work place like they are thieves.

    Why they are not chaseing the illegal people ?

    They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.

    Everyone knows they but no one wants to admit.





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  • bekugc
    03-18 04:30 PM
    from what we see on other posts, what matters most is
    1. company is hiring u as a fulltime employee
    2. job desc is same or similar
    3. annual salary is >= one specified in approved labor

    you can get paid by hr, but just extrapolate that hrly value into annual salary, and state that.



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  • ourquestions
    09-21 07:53 PM
    My H-1B petition is currently under processing in Vermont sevice center.

    The receipt status shows it was recieved on May 8th and currently pending.

    The processing dates on the USCIS website show May 31st as the current date.

    Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?





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  • americandesi
    04-11 04:20 PM
    Guys

    So, why is it no organization has tried this? or has this been tried before and failed..

    This has been tried before by Rajiv Khanna and it was unsuccessful
    http://immigrationvoice.org/forum/showpost.php?p=223206&postcount=111



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  • mundakamal
    06-13 08:22 PM
    gurus please advise........





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  • imconfused
    05-27 08:46 AM
    any help?



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  • HRPRO
    01-24 02:37 PM
    When was the LCA filed?





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  • wandmaker
    08-25 01:19 PM
    Hi,

    I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.

    I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.

    However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.

    So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?

    What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?

    Thanks for your advice.

    WA

    PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.





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  • Scythe
    07-12 01:03 AM
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    kghoshal
    11-22 07:17 PM
    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.





    santb1975
    01-28 10:45 PM
    ^^^



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  • raju6855
    01-19 12:10 PM
    Hello

    My wife went for H4 interview on 1/11 and she was asked 3-4 basic questions and her passport and original I-539 was taken. There was no other communication give to her and/or any colored slip given to her.

    She has AP and 485 filed but AP didn't come through and she has receipt for both, but VO at delhi didn't look at them.

    Its been over 6 business days and no information of passport yet.

    We called up consulate and they say its still in processing.

    I have read in prior forums with "PIMS", is this delay because of it?

    Did someone else had similar experience at Delhi and how long did it took for the passport to arrive.

    Sort of quite worried seeing others post that its taking 4-5 weeks for some, but H4 it really shouldn't be that much....

    Thx





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  • priti8888
    08-14 03:34 PM
    Sorry I missed that.Yes I am employed .I will do that thorough my employer.But with out help of any attorney.
    Thanks

    If you can afford it, you should hire an attorney.
    A good lawyer is worth every penny.

    You, on the other hand, should play your part by being "aware" and not blindly relying on the lawyer. Your job should be to double check documents for accuracy/correctness and asking questions to the lawyer and IV to clear doubts. Making sure the lawyer is abiding by all the immigration rules as defined by the law would be another task.





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  • rathodman
    04-28 12:54 PM
    Hi,

    I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:

    1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
    2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
    3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
    5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?

    I'll really appreciate your response on this.

    Thanks,
    Manish





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  • drak70
    03-06 01:36 PM
    I thought FNU meant First name Unknown
    used onlu when you have a single name


    Lastly you can alsways go toa court and officialy add your surname to hers legally



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  • rsdang
    08-22 11:44 AM
    There is a pilot in progress where a combined document has been issued which serves both as EAD and AP and the validity is 2 years... So I would say its a matter of time if the pilot is successful.

    There are some conditions that need to be met.





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  • justice4all
    08-31 12:29 PM
    Hi,

    My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.

    My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant

    Can I file another I-485 with my new I-140 (EB2) ?
    Is there any way we can link my existing I-485 with my new I-140 (EB2)

    Appreciate your suggestions.

    My attorny is consfused with this situation and trying get mor information.

    Thanks,


    Hello,
    Sorry I cant give you suggestions since I am not there yet. But I have a question,
    Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.

    thanks



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  • saps
    10-17 10:43 AM
    There are very few private loan options that you have. If you have a co-signer who is permanent resident or a US Citizen, you have a bigger pool of options but I know of one organization "Access Group" who give out loan if your stay in US is more than 3 yrs + if you have 4 credit cards in your name..You can dig into more details by googling them.
    Most of the schools in US also have a tie up with TMS (tuition management system) which let you pay your semester fees in monthly installments. You might want to check that out too. Hope this helps. Good Luck!





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  • h1bdude1
    03-26 12:39 PM
    thank you for your reply.
    but i read somewhere that its better to send chest X-Ray Report with I-693 so that USCIS will not get any excuse to send RFE in the future.



    Physician will advise you if a chest X-Ray is needed.



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  • bindas74
    01-25 11:35 AM
    Anyone please share ur opinion.

    Thanks

    Any opinions please?

    Thanks





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  • gsc999
    06-20 12:10 PM
    I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.

    I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.

    - GCDreamzz
    My two cents.
    --------
    My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.



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  • theconfused
    01-01 05:39 PM
    Dear All,

    i might have posted this query in some other forums too, but could not get much response and hence reposting. Please pardon me if you happen to re-read this.

    1) I got my fresh H1B visa stamp from employer A and started workin with him from 1st October 2007 . Visa was valid from August 2007 to August 2010.

    2) Was laid off on 16th November 2007.

    3) Found another employer B and he applied for H1B transfer on 21st December 2007 using regular processing.

    4) I do not have any pay stup or any kind of information from employer B.

    5) I found another employer (C) and he applied for H1B with a receipt date 19th March 2008 using premium processing.

    6) Got approval (I797B) on 21st march 2008. Attorney from employer C told me that i need to leave the US and come back and can start working with employer C. I went to Mexico and came back and started working with employer C since 1st April 2008.


    7) Got the job with employer D. Employer D filled for H1B transfer. This time i got approval (I797A) with I-94 attached. Started working with employer D since 1st October 2008.

    8) I am still employed with employer D. But my visa is going to expire in August 2010. My I-94 (came with I-797A) is valid till October 2011.

    9) I want to get a new visa stamp in my passport and hence want to visit New Delhi US embassy.

    Will i be having problem on visa stamping because i dont have pay stup from 16th Nov 2007 till 1st April 2008 ( 4 months and 16 days = 136 days)?


    Your help is highly appreciative.

    Thanks

    Confused





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  • gc28262
    02-13 07:43 AM
    FOIA should be the route.
    I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.

    Try this google search "FOIA + cd site:immigrationvoice.org" without quotes



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  • xbeartai
    04-26 11:28 AM
    I am planning for Green Card application.

    Who has experience about Accountant Green card application,

    Eb2 or EB3?

    If you use EB2 , how is your job title and education requirements and job descriptions?

    Thanks a lot

    Xbeartai





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  • missourian
    06-25 05:00 PM
    bump



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  • wc_user
    08-28 01:26 PM
    Thanks all for your response. Really appreciate it.





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  • Rockey
    02-29 07:23 PM
    Any one who have marked No for these questions even after applying for 140 and 485..:confused: Please post...



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  • ssdtm
    11-30 04:38 PM
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
    This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

    But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

    But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.





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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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  • LostInGCProcess
    09-01 09:08 PM
    I posted this question on another thread but its on page 38-39, so thought I might post as a new thread so that I can get some answer to my concerns...

    I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.

    I entered the correct info in question 11..which was:

    Have you ever before applied for employment auth. form USCIS?
    X Yes(if yes, continue below)
    I checked yes

    which USCIS office?

    My answer:

    LINCOLN, NE date: 08/14/2007

    Should I be worried about this or can I just feel its okay?

    Is this something okay?

    Please let me know....Thanks.





    prem_goel
    07-26 12:56 PM
    I just e-filed my EAD application. Unfortunately, right after I made the payment thorugh Credit Card and it generated the PDF receipt, I noticed that my country of Citizenship/Nationality is entered as USA, instead of INDIA. Everything else on the form is correct.

    Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?

    Please advise guys,
    Thanks





    smuggymba
    09-20 02:14 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks

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