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  • fromnaija
    09-14 11:42 AM
    I think you can only work for 240 days on a pending H1 extension application. If your application is not approved in 240 days you may be out of status. Please talk to your attorney to confirm this.

    On pending H1 extention there is no limit for how long you can keep working.




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  • martinvisalaw
    08-07 12:16 PM
    Hi,
    Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?

    Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
    Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?

    It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.

    However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.

    Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.




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  • javadeveloper
    07-26 02:17 PM
    Why do you need color visa copy?. Is it mandetory for AP? News for me.:confused:
    My firm asked for color visa copy , but I am not sure whether they used for AP or not.




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  • chanduv23
    09-13 01:34 AM
    Thanks to Puneet and Tanya for providing fodder for this final video presentation

    http://www.youtube.com/watch?v=B-MtK_rQ1zk

    B-MtK_rQ1zk



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  • battineni
    06-21 01:49 PM
    Thanks alot for your detailed reply.

    jus FYI...I didn't file AOS, so thats why I'm worrying to change the employer with the approved 140.

    My new employer (Company "B") ready to start the process again, but would like to keep this PD.

    Once again thats for your reply.




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  • amengiv
    01-13 12:21 PM
    A2k2,

    Did they ask you to provide I693(Medical) and I684(Affidavit of Support) during your last interview? I believed I had submitted I693 when I applied I485 and I684 is for family-based immigration. Is this right?

    Thanks a lot in advance!
    Andrew



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  • ski_dude12
    06-09 10:31 PM
    Maybe you would like to read up this thread...

    http://immigrationvoice.org/forum/showthread.phpt=19406&highlight=fragomen

    Hello Everyone,

    I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.

    I am excited to join the loooong queue forward!

    :p




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  • kak1978
    01-04 09:57 AM
    Bump.



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  • cinqsit
    06-24 07:36 PM
    You can extend apply for AP (Advance Parole) ;-) at anytime provided you have your 485 pending so there should be no "risks"

    only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)

    Also their processing times keep on fluctuating - what if you later down the road are
    in need of AP apply for one and then dont get it approved by the time you want to travel

    Personally I prefer to just keep things simple and apply for AP renewals even though
    I wont use them - just so that there is no "divergence" from the norm
    Just so when USCIS officer is processing your case they wont have to think or
    issue query to get clarification etc etc

    cinqsit




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  • dohko
    01-11 08:16 PM
    any thoughts?



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  • theshiningsun
    06-30 11:12 AM
    i live in Dublin OH.

    i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html

    i want to try and get ppl around to this.

    does the OH state chapter hv any plans to take this up?

    thx in advance,




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  • cnachu2
    11-15 10:21 AM
    but if i wait until my PD is current, then i contact congressmen, by the time they act on it, pd may go out of current. So just looking to get it out of this loop before my pd is current, so that my file will be ready to process.



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  • aug2007
    05-24 11:04 PM
    Thanks to all for the response. I'll apply for the SSN next week.




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  • anakris
    07-17 09:48 PM
    Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.



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  • h1bjava
    03-14 12:26 PM
    Gurus Please take a moment to answer my previous question. Thank you.




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  • pal351
    03-10 04:01 PM
    Hi All,

    I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.

    Yes, It took about week to update and show up online status.. don't worry!



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  • nathan99
    04-21 05:44 AM
    I always have liked bacon... :thumb:




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  • vijaysammeta
    03-21 09:09 AM
    How did you get to the confirmation page without the photograph being uploaded. I cannot seem to get past the photopage and it keeps throwing an application error. Which website are you using to fill in teh DS160? Thanks for a response.




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  • abcd_1234
    05-30 09:23 AM
    Hi
    I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :

    1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
    2. If the above is not possible, when is it possible to transfer the H1 ?.
    3. Is it necessary I work with the consultant, before I can get my H1 transferred?.




    Rajeev
    07-02 09:36 AM
    Do I have give all I-94s cards on departure from US or only the one attached to the passport? Of course all are having the same number.

    Thanks in advance for your replies.




    kcindian
    09-18 07:18 PM
    Gurus,

    Have you heard of eVerify? Anybody can explain what it is?

    My H1 expired 6 months ago and my current EAD expires October 20th. I filed for renewal application on July01 and am a little concerned that I will not get my new one within the 90 day window.

    I called USCIS and a Customer Service rep mentioned that I do not need an EAD to legally work as long as I am on AOS.

    She also mentioned that as long as I have a valid Driver's License and a valid Social Security Number, I am fine and that I do not need a EAD.

    Is this true? Has anyone else heard about / used this policy?

    Your response is much appreciated.

    Thank You.



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  • BharatPremi
    10-10 05:25 PM
    /\/\/\/\/\




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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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  • deeru
    04-02 01:11 PM
    thank you




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  • YetAnotherDesi
    12-25 12:13 AM
    Friends,

    I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
    I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

    I understand that she can get an EAD only when my PD becomes current.
    Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).

    Any other potential pitfalls in this particular scenario?

    Any pointers would be useful.

    Thanks in advance.
    MC



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  • perm2gc
    12-30 01:29 AM
    hello,

    My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.

    What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
    Visa is required when you have to travel outside US and reenter again.You can get as many extensions as possible by the law.visa stamp is not a problem for your next extension.




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  • gkaplan
    05-17 01:08 PM
    thanks for the quick response.
    SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
    thanks a lot!



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  • dingox100
    03-09 09:21 AM
    I recently did apply for EAD and the documents required are as below

    1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
    2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
    3. Docs req are
    1. Filled EAD Application form
    2. your 485 receipt notice copy
    3. Current Addresss proof. electricity bill, water bill etc.
    3.Copy of the biographic page of passport for each applicant
    4. i-94 Copy
    5. 2 Photographs
    6. SSN copy ( i put it as my attorney suggested but its not mandatory)
    7. copy of driver licence




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  • fasterthanlight�
    05-14 03:08 AM
    Bahahah, I like it, but the "c" could be a little more pronounced.



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  • ssdtm
    12-12 04:10 PM
    Depends on when you sent your H1 renewal application. If you expect the approval by Jan, then you can wait as you can get at least 3 yrs of DL (p.s. - some states give DL beyond the visa expiry date)

    Otherwise, use EAD to get DL for 2 yrs.




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  • newbie2020
    08-31 07:06 AM
    The General rule is You are eligible for H1B extn if the following conditions are met

    a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions

    b) Labor and I-140 approved in that case it will be 3 yrs extensions

    Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.

    These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)

    Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case



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  • kirupa
    06-20 06:20 PM
    haha, great story on how it all just worked :P

    Are you sure someone didn't plant those oranges for you to find?




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  • Giles08
    03-31 11:18 PM
    Hello everyone:

    I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.

    Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.

    I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?

    Thanks!



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  • bayarea07
    02-04 04:30 PM
    Hello,
    I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).

    However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
    Is that a valid thing to do or do i need to re-stamp my visa.

    fyi.. my H1 was extended by 3 more years because of pending I-485 Application


    Few More Details to Add Here -
    I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.




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  • gsc999
    03-14 11:56 PM
    IV Members from Nebraska,

    I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
    ---
    Thanks for taking the initiative. I just got your message. This is the right way to go.

    Let me know if you need my support?

    Cheers!



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  • same_old_guy
    07-09 06:00 PM
    AILA update :

    AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
    Issue (Updated 7/9/07)


    What's cooking ?




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  • babu123
    07-12 11:14 AM
    This is a big scam. I see there is a big political heads intervention in this for reversing july bulletin.
    Since everything is coming out day by day, politicians also started escaping out.
    Now USCIS should look for its own safety as the politicians who suported them earlier had given HAND to them now.

    As part of safe game, they sent out that numbers to DOS, saying that we cant allocate numbers, and thrown ball into DOS court now.
    Everyone is playing their own safe game.

    What i feel at this moment, instead of digging the scam further, a big guy should negotitate with USCIS and ask them to revert back to initial bulletin giving an assurance that no digging will be done in the scam. I dont know how far this will happen, as already the matter is going to the court now.



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  • surabhi
    05-30 12:00 PM
    The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)

    1. File a new independent petetion
    2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.

    With quota over for the year, you cannot file another H1 and follow above approach.

    When quota was not an issue until 3 years ago, the above scenario worked.

    Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.

    So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B




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  • Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.

    Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.

    If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)




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  • madhuri_sri
    10-03 12:34 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!!




    goldkey266
    03-28 09:49 PM
    Friends,

    I just got my PERM approved and I am debating about next steps of my eb-3.
    it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.

    I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)

    What do you think




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  • Ann Ruben
    01-25 11:34 PM
    As Fromnaija correctly explained, if you are an applicant for AOS with an approved EAD you are authorized to remain legally in the US as long as your application is pending. You Whether or not you are working does not matter.




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  • pappu
    11-12 06:14 PM
    Pappu,

    Could you please tell me what I am supposed to do ?

    Thanks,

    Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.




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  • aachoo
    08-21 04:12 AM
    Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!

    Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
    -a




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  • Becks
    01-25 03:44 PM
    You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.

    Hi All
    My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
    Can I travel on this document?
    Please advise.
    Thank you.



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  • shana04
    03-18 11:50 AM
    I submitted an AR-11 (address change) form on 3/13/2008. The LUD changed the next day to 3/14/2008.

    However, the LUD changed again yesterday to 3/17/2008. Has anyone had experience with AR-11 and LUD updates. If so, please share if multiple LUD updates are the norm for AR-11 changes....


    Thanks.

    I had soft LUD's on all my receipts after sending AR11, but it took three days after I did (did AR11 for all the receipts online)

    Good luck to you.




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  • flash.stoffer
    08-07 12:55 PM
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  • Pagal
    03-01 06:03 AM
    Hello,

    Sorry to read that! May your son have a speedy recovery...

    Here are some considerations:
    IF you are laid off .... in this economy, if you are still holding your job, then the chances of you losing it are low, so be optimistic.

    But, in case you are laid off:
    a) How would you support yourself and family in US plus your son's medical bills? Wouldn't it be cheaper to be in your home country (unless it is UK/Europe)?
    b)The only visa that I can think of is the visitor visa, but on that visa, you can stay in US only 6-m at a time

    Good luck!




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  • fcres
    08-15 10:19 AM
    Hi,
    I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
    First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
    Please I sincerely appreciate your opinion what should be done in such case?
    Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?

    Thank you so much.

    I don't think you will even get an RFE, let alone rejection. File now and don't wait for 16th evening. It has to reach there on th 17th. Once you file you can prepare an affidavit and keep in hand in case you get an RFE.



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  • anilsal
    01-01 08:40 PM
    http://www.indiapost.com/members/story.php?story_id=5938

    The Indian PM asking for liberalized immigration in the developed world.




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  • dbevis
    February 10th, 2004, 09:18 AM
    why?...it is not that noisy in high iso at all...very usuable compared to the d1x
    anyone heard more about this - fact or fiction?

    Don



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  • ksircar
    06-23 12:39 PM
    If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
    If dates retrogress, I-485 processing is FIFO based on PD.

    IF dates stay current THEN
    I-485 processing is FIFO based on receipt date of I-485
    ELSE
    I-485 processing is FIFO based on PD
    END IF

    :)




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  • awi_ok
    02-19 09:19 AM
    Hello,

    The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.

    Hope this helps.

    Thank you so much for the response.

    T.



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  • rodnyb
    02-03 06:50 PM
    Visa statistics

    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    from 2000 looks like about 300K EB visa was wasted.

    Also, you can see, EB1+Eb2ROW has s always been in the 50-70K range every year

    EB1 I/C each is increasing from 3K to 6K, EB2 ROW is increasing from 10K to about 30K




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  • Munshi75
    06-05 05:55 PM
    I live in New jersey and send my EAD renewal to Nebraska based on my I-485. When i read the instructions, I found out that the application has to go to Texas based to the state where i am in now.

    I would appreciate if anyone had same experience and share it with us.

    Thank you



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  • gctoget
    08-10 06:31 PM
    bump




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  • cooler
    08-30 09:23 AM
    After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?

    In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)

    I would hate to have to carry this for the rest of my life.

    Lawyers - Your legal opinion would provide relief to my aching shoulders :)



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  • updsoft
    09-20 06:25 PM
    Hello!

    I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :

    1. Is it possible for me to change from L1A to H1B again?
    2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
    3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.

    thanks




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  • grinch
    06-25 06:13 PM
    Thanks a lot man, apprecitate it! We had a fun battle, definetly again sometime!




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  • chanduv23
    09-17 01:58 PM
    way to go chandu.! We all will be there tomorrow.!

    great - see you there

    Everyone to DC

    LOUD AND CLEAR

    Everyone to DC




    wandmaker
    08-24 11:45 PM
    A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
    Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
    Since he is born in India so reluctant to file under EB-2 due to endless wait.

    Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.




    abbeyk
    07-22 09:37 AM
    Hi
    My H1 is due for extension this year end.
    Valid period of H1 remaining is 1 1/2 year since extension

    I understand that H1 extension has to go through the rigorous procedure nowadays.
    It needs client letter stating that project will last for 1 year.
    Getting such letter is not possible.

    So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed

    Please reply

    Thanks
    Abbey