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  • morchu
    06-10 06:12 PM
    You dont have to be employed by the employer for 180 days. All you need is 485 pending for 180 days. So in the letter you can mention that 485 had been pending for more than 180 days.

    The only catch is if USCIS question about your "intention" at the time of filing 485. (Since you didnt work for the company after 485, and now specifically says dont intent to..).

    At the time of filing 485 you should have proper intention to join the original employer.
    Maybe somebody else who went through similar experience can help u.



    AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
    Thanks!




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  • i99
    10-15 03:58 PM
    Probably double posting. I could not find by searching. Can someone please let me know? :o




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  • Jinlaw
    03-21 03:14 PM
    Oh I see, sorry about that! I'll make two threads one for each and maybe delete this one?




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  • uma001
    02-04 07:57 PM
    Dont worry too much. Get your H1 extension with current employer even if it s a consultancy firm when you are on project. It wont be deied.



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  • marlon2006
    06-21 09:39 AM
    Hearings will go on for a while. Since it is already known that the public oppose amnesty, personally I will definitely forget CIR. It may return again next year, but remember that by then the Senate may have voted out a number of incumbents that voted pro CIR.

    I think this will take patience. If one can wait and watch this unfold for the next 2-5 years without going crazy, then you may watch the passage of CIR during your lifetime.

    out of deference to the President, the republicans are not coming out publicly in opposition to it, but in private they are acknowledging anonymously that the bill is dead




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  • psaxena
    03-09 05:11 PM
    Hi,
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!



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  • number30
    06-09 01:32 PM
    Yes, the only option is work on cash.

    How about not working illigally?




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  • Waitng4GC
    07-04 10:14 AM
    I was in similar situation during 2006. I applied for H1 1 year extension based on PERM approval. My LC was just 1 month old . Then premium processed my I-140, once I had my I-140, I then premium processed my H1 extension based on approved I-140. Finally got 3 year extension.
    Hope this helps.



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  • iheartindia79
    10-25 02:30 PM
    Hi,

    I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.

    Is this normal? Or i should contact USCIS about this?

    I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.

    Any responses are appreciated

    Regards.


    Same happened to me. I had my FP before receiving the EAD card but the card still showed FP not available. To be honest I didnt care so much ;)




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  • delhiguy79
    07-31 06:48 PM
    Hey guys,

    I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).

    But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.

    I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.

    Thanks in advance.



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  • fromnaija
    12-12 09:09 PM
    I am not an attorney but seeing as noone has answered your question here is my answer.

    Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.

    An attorney may answer now and correct me if I am wrong.




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  • tempgc
    09-25 12:38 PM
    Can an AILA member post contents of this doc.

    # 9/24/2009 DOS Provides Background on Visa Allocation Process
    As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.

    AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)



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  • shirish
    04-11 04:41 PM
    Ideally both the I-94s should have same Number on them.
    Check it out.


    Whn I entered US after visiting home country Nov 06, they gave me an I 94 till Dec 06 which was the end term of my first H1 B term.
    i got the approval for xtension. In approval notice at the bottom, i see a new I 94 till 2009.
    so now i got 2 I-94's now.
    cud any body tell which is the real one.
    next time whn i go out of this country, which i-94 i shud i hand it over to the officials??
    pls tell ur experiences..thank u




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  • guyfromsg
    07-19 08:01 AM
    I have already sent my 485 application
    1-140 cleared

    In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.

    will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid

    The I94 number is in the database. When I94 was extended that information is entered in the database as well.



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  • Blog Feeds
    01-27 06:40 AM
    ComputerWorld (http://www.computerworld.com/s/article/9142806/Court_orders_three_H_1B_sites_disabled) reports about a New Jersey judge that has ordered the shutdown of three H-1B opposition Web sites.

    Middlesex County Superior Court Judge James Hurley ordered firms that register domains and provide hosting services -- GoDaddy Inc., Network Solutions, Comcast Cable Communications Inc. and DiscountASP.Net, to disable the three sites, ITgrunt.com, Endh1b.com, and Guestworkerfraud.com. Facebook Inc. was also ordered to disable ITgrunt's Facebook page.

    The order was made in response to a libel lawsuit filed by IT services and consulting firm Apex Technology Group Inc., based in Edison, N.J. against the three Web sites opposing the H-1B visa program (http://www.h1b.biz/lawyer-attorney-1137085.html). Such attacks on H1B supporters increased last year as the economic situation was gloomy, and prospects for employment were not looking good. Yet, we all know that the H1B program is not the cause of all evil and in fact is a boosting factor in creation of new jobs and opportunities for American workers. Lets hope that the antis will take it easy in 2010, and focus on the real issues at stake.




    More... (http://www.visalawyerblog.com/2010/01/h1b_visas_judge_rules_to_shut.html)




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  • prashant1j
    01-07 10:48 AM
    My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.

    thanks,



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  • Kapils573
    05-21 10:11 AM
    I also have the same status. I think it has to do with finger printing when had filed for 485 during July 2007. My status is like that since Dec 2007 .Nothing has changed after that for me..




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  • RajForGC
    07-10 05:40 PM
    I have got this response from Congressional Liaison, when I asked them for Update on my case whether I have to wiat till Oct or not based on the recent update on visa bulletin.
    They Sent me This Email:

    Your I-485 received on 5/21/07 and the Southern Service Center(TSC) is working these types of applications filed 9/11/06. They received your biometrics from the ASC 6/13/07 and the case has been assigned to an Adjudicating Officer for review. But, by the processing times, you still has a little time to wait.

    Couple of question: They received your biometrics from the ASC 6/13/07 : Is this mean my FBI and Name Check cleared : I did my FP on same day?
    the case has been assigned to an Adjudicating Officer for review: Is this mean I am in the last stage of getting final decision?
    Anyone ?




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  • Voetsjoeba
    01-12 06:38 AM
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    user1205
    08-29 02:24 PM
    Thanks! I'll ask them for the 485 receipt for travel.




    eager_immi
    07-18 04:02 PM
    please put ' before the url

    http://www.uscis.gov/portal/site/usc...d1f1d6a1RCRD



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  • glus
    06-14 02:51 PM
    Since there is a mad rush of i485 applications , USCIS is going to do lottery to select applications for approval.Rest of them will be rejected.


    So I bet they will not select YOURS and yours will get rejected!!!!:cool:




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  • waitin_toolong
    10-14 03:53 PM
    there were some cases that were 'approved' in June/July but the approvals are being mailed now.




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  • brad_sk2
    10-24 01:49 PM
    Democrats are usually pro illegal immigrants since they would be getting more votes by legalizing illegals. Republicans are more pro business and hece are usually more open to legal immigrants but even they seem to be taken over by anti-immigrant hard core conservatives these days.

    Of course nut jobs like Tom Tancredo (R- CO) will do more harm by projecting legal immigrants as American job exploiters along with racist organizations such as NumbersUSA.




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  • darshan1226
    03-25 06:42 PM
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  • nomadlhr
    09-27 04:38 AM
    Incase there was adelay in degree due to backlogs what information has to be entered in section 17 DS-157
    enlisting of all educational institutions attended" section on DS 157 form, I completed my degree late due to backlogs .i.e. I was supposed to complete it in 1996-2000 but I completed it in 2005 due to backlogs and since I had started a job already during my studies.

    Now i am confused weather I shall put 1996-2006 or 1996-2000 on dates of attendance of my university in DS 157?

    Please help !
    tks
    Nomad




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  • senk1s
    11-10 09:29 PM
    most employers dont file EAD or AP - (if the beneficiary is on H1)
    I dont know how to verify without asking employer or attorney

    If you look at self filing section - you may file them yourself



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  • jingi1234
    08-23 05:50 PM
    He/She can join old company as long as H1b from the old company is not revoked. There is no need for any H1b transfer as long as old company's H1b is valid. Just go and join them back if they are willing to take him. Lot of people of H1b do this. Hope this helps.

    This really helps. Thanks




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  • vhd999
    05-22 11:51 AM
    Last time I have showed one copy. They have asked for the second one which I did not take with me.

    The POE officer said that USCIS normally sends two copies one for the applicant and one for POE to retain as a proof of entry.

    They also said it is ok if we don't take the second one with us.

    They just took a copy of the first one and kept it for their records.



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  • mirage
    07-08 12:59 PM
    Guys,
    I think we should start a new campaign be it a flowers campaign or a simple card or Fax/letter campaign. But we need to start this ASAP. We should a 'Seek information' campaign. Each of us write letters and faxes to DOS and USCIS and request them for this.

    In May'07 the DOS moved forward the visa dates by 2 years for almost all categories. What if USCIS received more than 140,000 applications enough to exhaust 2007-2008 quota in that case Visa dates will either won't move or may move 1-2 months through out the next year. And we like fools will keep watching the Visa bulletins just to be disappointed each month.

    Now since USCIS have already receipted (or will soon do it) all the June applications, they should be in a position to release the infomation on how many applications they received for each category and for each country. We will request both the agencies to work together and release some kind of statistics some predictions like what they expect for Sept visa bulletin and further. We are living in dark and information like this will give us some insight and will let us plan our careers. Until we press them for information they won't release anything.

    Guys please think about this seriously, I think this is the need of this hour.

    Thanks




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  • pappu
    12-11 10:54 AM
    A thought about meeting the Senators/Congressmen.

    Should we not meet the new senators and congressmen now, BEFORE they actually join office? I have a feeling that once they take office, they will become too busy with day to day stuff and immigration will DEFINITELY become a back-burner issue.

    Is it possible to meet the new people moving in after January, now instead of after they take office?
    Pls join your PA state chapter first in order to execute the action items. Meeting the lawmakers is one of the action items in the list. we cannot undertake such efforts without enough members in state chapters. pls also urge others you know from your state to join the chapter and get active.



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  • nhfirefighter13
    June 10th, 2004, 10:18 PM
    A few more....




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  • Ann Ruben
    02-21 07:39 AM
    A word of warning: If for any reason the US Consul in Canada denies your visa application, you will not be permitted to return to the US until you go to India and get an H visa.



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  • bhagat69
    03-06 05:41 PM
    Hi, I am actually in a similar boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.




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  • amaacnt27
    03-31 08:11 PM
    Hello,
    I am working with A on h1b and the visa expires on May 1st 2010.
    Recently I got another offer with B and they filed my h1b transfer (regular).
    The offer they gave me verbally is different from what's on the offer letter, when I contacted them there insist that they never "promised" , so I did not want to take that offer now.
    Can I now ask employer A to file the extension and continue working with A?. Will that create any issues if the transfer with B gets Approved/rejected?. or is there any alternate?. Please help.

    Thanks in advance.



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  • nixone
    08-29 03:14 PM
    I would say 30 days after August 23 since that is the latest advert you ran for the job.

    Thanks for your reply. One of the newspaper ads ran on July 27th. Does that mean I have to wait 30 days from that date?

    I have 4 additional steps when DOL needs only three. May be I do not have to count the University Alumni Placement ad and file early.

    Is this company considered professional oraganization for Operations Research Analyst job: www.apicsutah.org? We posted the job ad on this organization's website to fulfill the Professonal Organization requirement.

    Thanks.




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  • hydubadi
    07-23 07:55 PM
    Gurus,

    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    For this amendment my lawyer is charging $400.
    I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.

    Your answers are highly appriciated.

    Thanks,
    hydubadi




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  • roseball
    08-04 04:11 PM
    Hi,

    I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.

    The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.

    My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.

    Thanks for your help.

    Shan

    No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.




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  • Ann Ruben
    04-28 07:13 PM
    you can file for a change of status to E without haveing to leave the country.




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    jazzy
    12-12 09:44 AM
    Gentlemen,

    I had a quick question with EAD I understand that I can switch job after 180 days as long as there is 50% match in job description. However my companiy's legal coordiantor send me a weird query that she cannot find the job in hard to fill category. So my question is Does the job I am applying for using my EAD has to be hard to fill as in case of H1 or the only requirement is that the job description should match 50% with the underlying LC.

    Thanks for your answers.



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  • insbaby
    11-07 06:27 AM
    He missed the important path of "EB3-I".

    He should have put one more path for EB3-I that ends like

    "the petitioner is 154 years old, or dead taken to crematory by his/her great grand children while the application is in pending..."




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  • kaushik58
    09-20 11:11 AM
    LC column 14: BACHELOR.

    Now question is: Indian Bachelor or US Bachelor ?

    Mine is 3 years Indian BS and they need 4 years US BS.

    As per NSC Indian BS ( We have up to TY means third year-3 years ) is not equivelent to US BS ( Four year for Bachelor )




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  • coolpal
    03-23 07:25 AM
    dude.. that attitude might not help you on a public forum where people offer help/suggestions for free... and c'mon, this isn't your english class.. so I guess if you can understand 'ur' is 'your'.. you can get over it.

    coming to your point, I see no reason why you can't... only catch is, if you have already used up your 6 years of h1, then the new h1 time is in excess of 6 years, which will be approved for 3 years only if your AOS is pending and your 140 is approved.

    pal :)

    EDIT: btw, why don't you please update your profile, so it helps IV track uscis behavior.




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  • texcan
    01-27 10:50 PM
    Hello all,
    I am a student on an I20/M1 vis
    I have just recieved a new I20, and sent a form I 539 for extension of my I20.
    I have my old I94, I20 etc.
    It is currently under processing.
    First, is there any way they can move it to another processing center? Its in the vermont center right now, and they are still processing documents from May 2008 according to CIS website.
    Second, my original I94 is valid till 14 April 2009 but my original I20 is expired.
    My visa is 5 years(M1 valid to 2013)
    Can I go and visit my home country with the old I94(since its valid long enough) and new I20(which just got issued)??
    or do I need to wait until the processing comes through?
    thanks in advance.


    I think as long as you have valid visa and new I-20 you should be fine.

    These questions are easily answered by school officials. Get a apointment and get a quick answere from your International student office.



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  • rodnyb
    03-03 01:12 PM
    http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf

    Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000

    Solution
    The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
    Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.




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  • rkumar28
    02-19 09:32 AM
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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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    Yesterday soft LUD on I-140 and I-485.



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  • naushit
    12-04 09:53 PM
    I too support idea of getting Attention of Janet to clear GC backlog.

    But instead of letter and FAX (protest mode) , I suggest, IV representatives should take her appointment for 20-30 minutes and explain her Administrative problems to her.

    If nothing happens, We should start protest, by sending letters and faxes to gain her attention, but I believe first we do professional presentation and explain what are we talking about!

    My main problem with current USCIS administrations are

    - Out of order processing of cases (In my opinion case processing should be done strictly by PD)

    - Lack of transparency to Visa bulletin decision and numbers.

    - Better case status report on USCIS website.

    Please add yours!




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  • akilaakka
    09-21 07:43 PM
    Hi friends,

    My name has been misspelled in the FP notice. Is this critical. Can I fix it.


    Thanks
    Ramkrishnan



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  • amitga
    02-22 04:06 PM
    If you had an approved H1B last, that means that you already are on H1B status as of Oct 01 2006. You can continue to work in US on H1B and get it transfered also. Only when you go out of country then you will have to get new H1B stamped. I also had L1 to H1 change.

    The visa officer will surely ask you that "why did you change your status from L1 to H1" So be prepared with a good answer for that.




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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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  • GC_ki_daud
    07-11 04:03 PM
    I have

    EB3 140 approved for June 2004
    and
    EB2 140 approved for May 2006

    My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004

    But now, In this August VB , My EB2 became current .
    What I did not anticipate was the huge 2 year+ jump in EB2 dates


    My 485 was filed in July 2007 and shows the status pending since then.

    I asked my lawyer which 140 did he use to apply my 485 and he says "Both"

    I am confused with a couple of things

    1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .:confused:

    2. If I call USCIS , will they be able to tell me which 140 was used to file my 485:confused:




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  • applejelly
    11-18 09:42 AM
    wow, thanks man :D



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  • Tommy_S
    04-10 07:33 AM
    LCD




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  • fasterthanlight�
    06-06 02:52 PM
    Because i like the orb-look it gives, no glass effect would make it look flat and gross. :cap:



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  • REEF�
    06-18 11:31 AM
    If i look at those will i get shot 9 times?? :P

    Good work (even if i'm not a fan......)What a corny joke :lol:

    Nice work amit, man is that guy fugly or what




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  • jayleno
    06-17 12:14 PM
    Just want to say hello...since we are in same boat. Applied in second week of May. No reciet notice yet, according to employer. I was applying for extension of my soon to expire h1b




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  • Rocky4884
    05-26 04:41 PM
    Thanks & appreciate your prompt response...




    Waitng4GC
    03-24 08:47 PM
    Recently my employer has decreased the hourly rate given for many years in the pay stub but providing the difference as bonus. Will it affect my EB2 Classification and I-485 approval.




    Blog Feeds
    06-08 10:30 AM
    IV Advocacy Days Blog: http://advocacydays.blogspot.com/ Has Just Posted the Following:


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