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  • dipmay2002
    10-28 05:59 PM
    I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...




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  • nb_des
    09-15 10:54 AM
    Attorneys sometimes do not provide case number because they do not want you to be calling BEC for to inquire your case. Try convincing your employer you will use it only for online status check and hopefully they will give it to you.

    All the best.




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  • vin33t
    01-26 08:12 PM
    After i left my employer, I filed a B2 visa application on 6th Oct 2010. I got RFE on 5th Jan 2011, which has to be replied till 7th Feb 2011.

    RFE has following

    1. reason : I will be providing vacation n wrap-up.
    2. passport details : i have it
    3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
    4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.

    5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?

    6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?

    7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.

    8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.




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  • gchopes
    12-15 09:08 AM
    Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?



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  • MARY_GC
    07-23 01:45 AM
    Hi,
    I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are

    1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?

    2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?

    3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?

    Gurus, please comment the pros and cons of this.




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  • ABHI1
    11-12 06:38 PM
    Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......



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  • bitzbytz
    10-27 04:32 PM
    For AC21, is it an issue if we accept a job in another state than the one where you filed for Perm




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  • dixie
    10-03 12:51 PM
    I think we must also emphasise the point that all of us have to pass strict labor market tests supervised by DOL to be even eligible for green cards (and many of us have already passed that). That will blunt the rhetoric from the anti-immigrants and their attempts to obfuscate our issue with the illegal aliens. The tend to make americans believe that applying for a green card is just like applying for a drivers license and just about anyone is eligible.

    The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
    Then Numbersusa or other anti-immigration groups have no points to raise against us



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  • texcan
    02-13 02:41 PM
    no replies? cant believe i am the only one in this situation :)

    please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.

    I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.

    IMO you should get AP and then travel, you sure can go for h1 stamping.

    HTH




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  • willgetgc2005
    05-06 10:09 AM
    Hello,

    The original labor approval is lost by Attorney, how ever he has the copy of the approval. He says we can file I-140 with copy. Any one has had this situation ? What is your experience doing this ?


    Thank You



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  • hmj9381
    08-19 04:50 AM
    Hi,

    I am a dependent of my parents who are currently staying in the U.S. with E-2 Visa. We have stayed in the U.S. for almost 9 years now and we are trying to get a Green Card.

    My parents have already filed and received an approved I-140, but my parents say that we have to wait couple years before being able to file I-485.

    I don't quite understand why there is a delay between receiving an approved I-140 and filing I-485.

    It seems like everybody either files both I-140 and I-485 concurrently or file I-485 immediately after I-140 is approved.

    So, my question is: Is there usually a span of time that applicants must wait before filing I-485 after getting their I-140 approved?


    Thanks a bunch,
    --HJ




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  • Almond
    07-20 09:32 PM
    They expire after a certain amount of time. Just go take them as they want you to. You don't want anything to get delayed in the future just because you don't want to be bothered with them today.



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  • h1b_slave
    09-17 11:04 AM
    Hi!
    I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
    But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?




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  • b3mus3d
    11-11 08:11 AM
    Oh that's flipping typical, I think my hosting went down.
    Right, I'll just set up a photobucket account for the moment...

    http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
    http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
    http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
    http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png

    There, that's not all of them but my hosting should be back soonish.



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  • gc_kaavaali
    08-24 10:34 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4

    Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.




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  • Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

    Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.

    But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?

    This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.

    In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)



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  • vardinishankar
    04-02 06:48 PM
    What was your status in US during the gap?




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  • vghc
    07-20 11:31 PM
    Msians will be issued a visa the the point of entry. Commonwealth country thingy.
    Spoken to my attorney and she says its no problem getting back into the US with a AP.
    I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.




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  • Leo07
    11-09 11:17 PM
    I appreciate it.




    gc_kaavaali
    07-09 12:14 PM
    Hi guys,

    My daughter is in india and she might be in india beyond 6 months. She has valid visa until next year. What is the procedure to extend stay in india? Please help. I know this is not the proper forum for US citizens. But please provide me details if somebody already done this.




    kirupa
    05-16 02:30 PM
    You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)



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  • swetha00
    09-12 02:43 PM
    Hi all!
    Thanks a lot for the information...




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  • laststraw
    06-22 05:59 PM
    Here are my case details

    1. Labor approved with job role 1 with priority date of June-2004
    2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
    3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO

    4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).

    Here is my question:
    I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?

    Any thoughts on this is appreciated.

    Thanks,
    laststraw




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  • trueguy
    09-24 11:56 AM
    Mumbai embassy has corrected the Priority Date for EB3-I and now it matches with Visa Bulletin:

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)




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  • Ectheo
    05-09 10:27 PM
    Alright, I changed the font. It's kinda hard to find a nice calligraphy style font for numbers. If anyone knows of a good one, lemme know, cuz I couldn't find one.

    http://www.ectheo.com/stamp-2.jpg



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  • tradahoo
    11-05 09:53 PM
    Anyone out there knows the answer?

    I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.




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  • greendream
    08-22 01:44 PM
    Pani_6,

    Could you post the URL from the immigration.com?

    Thanks

    G.



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  • looivy
    06-25 08:00 AM
    I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.

    We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.




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  • martinvisalaw
    09-10 02:44 PM
    Can we go to local USCIS office and get new I94.Does that resolve the issue.

    No, CIS local offices don't do this. There is no mistake on the I-94, so the only way to change it is as described in the prior answer.



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  • skd
    06-17 10:57 PM
    I am also in same situation...




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  • frost_oni
    04-17 02:36 AM
    lmao!! cool! :thumb:



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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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  • logiclife
    02-18 02:49 PM
    It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.



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  • bayarea07
    07-09 04:54 PM
    Hello All,
    I have couple of questions regarding Travel Document or Advance Parole.

    My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.

    - Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that

    - Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.




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  • thesparky007
    06-06 11:20 AM
    lmao!
    you need a price for all of them
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  • wandmaker
    11-01 07:01 PM
    Isnt the three year extension valid only if you cannot file your I-485 because of retrogression? Once you file your 485, you get only a year?

    1. Labor Pending for > 365 days = 1 year H1 extension
    2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
    3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
    4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension

    I guess, you will be #4




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  • Roger Binny
    02-09 03:55 AM
    Sorry to hear the situation.

    As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.

    In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.

    If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.

    Compared to H4, over stay may cause more trouble for now and later in AOS.

    PS: My 2 cents and i'm not an attorney.



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  • lahiribaba
    02-12 01:58 AM
    why the hell you care? if you dont need it you can ask uscis to transfer it to my name ;)




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  • tanmoymuk
    03-02 02:29 PM
    EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.




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  • xtronics
    03-19 10:50 AM
    Thank you so much jangolouis
    What visa did you apply for H4 or H1?
    Also did you call Dept. of state before you got your visa?
    Please let me know when you get a chance. Thank you so much again




    chnaveen
    09-10 04:28 PM
    Guys,
    It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
    Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
    I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).




    immi2006
    12-25 02:43 AM
    Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p

    I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.

    Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?



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  • maheshf
    03-20 10:39 PM
    My lawyer said i need to do I-140 amendment..wondering if its worth it given i may get approval in few weeks. Has any one done such amendment..how does it impact the timeline?




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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.




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  • rampaadh@hotmail.com
    04-25 07:34 PM
    Thanks a lot for the quick reply!




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    03-24 06:02 PM
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  • msyedy
    02-06 12:14 PM
    Hi All,

    I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.

    New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.

    I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?

    As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?

    When can we expect EB2 PD of Jan 2005 to be current.

    I would appreciate your responses.

    Thanks
    Sreedhar

    Do not expect anything, no one can tell you a specific range of dates when the priority of a Labor be current. You can join the old emp and use this priority date from the current emp of Oct 2004 to the one with PD Jan 15th 2005.
    The priority date is based on a person so you can carry it anywhere only after a I-140 is approved for that labor.

    So -- You at the old company can have priority date of Oct 2004.

    Yes you can join the old employer when you anytime, even at the time of fillinng your I-485




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  • vdesai_8
    10-15 11:26 AM
    Why is Tata giving such huge donations to schools in US that are already established?
    I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.



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  • visli_com
    05-27 08:04 PM
    Hi Guys

    I need help. Just now I did e-file got receipt notice in pdf , saying you have to send documents on following address:
    National Benefits Center
    Att: E-filed I-765
    PO Box 648000
    Lee's Summit,MO 64064,
    I am live in California , is this Correct? or I did somthing wrong in filing.

    Thanks.




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  • ashwaghoshk
    01-19 09:48 AM
    1. Yes it is true that nurses and physical therapists dont need to undergo any labour certification process. They can file the I140 directly. The only thing that they need to do before filing an I140 is that the hospital in which they are working will have to post an internal ad for 10 days. The ad will display the nurse wage and other details. Once you are done with displaying it for 10 days they can file the I140 directly.

    2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.

    PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.

    We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.

    Hope that helps



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  • awi_ok
    02-19 09:10 AM
    Dear experts,

    Please comment and/or suggest.

    Thanks,

    T.




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  • eb2_immigrant
    09-08 02:11 PM
    There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
    RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.

    What could be the RFE for her AP, other than photo? Any clues?
    Are the GC numbers available for EB-2 India for new approvals?

    I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.



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  • sdrblr
    11-30 03:45 PM
    You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.




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  • snakesrocks
    05-25 07:57 AM
    I filed I 765 with Vermont service center on April 30,2009 and even got the I 797 C receipt. When I tried to check the case online it gives a message that

    Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283.

    Any one has the same issue?



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  • BMS1
    11-06 10:29 AM
    You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.




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  • anandrajesh
    06-22 11:04 AM
    Congradulations again to all those IV memeber who are getting Green card approvals and goodluck to all those members who are able to file their I485 and get EAD, just to be out of H1B /H4 clutches and one more step closer to green card

    As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem

    I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.

    I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression

    IV should stop chasing CIR which has nothing for us and itz very controversial

    IV is for legals and we should concentrate only on whatz good for us

    I really appreciate core members opinion

    by the way I got my approval for my I485

    Sweet !!! Congratulations on getting ur 485 approved.
    eb3india becomes GCIndia :)



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  • gcformeornot
    04-09 01:35 PM
    can be paid by employee....




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  • bkshres
    04-07 04:07 PM
    Even I am in similar situation. My EB3 ROW has PD of March 2006 (RD July 2007). I am not sure when my EB3 case will get approved. I have masters degree and 6 years of work experience. I can change job and get EB2 started. But will it help? Because going to new job and going through labor might take a year or more.

    Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?



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  • pappu
    08-17 04:09 PM
    come on members, there is nobody here from NC? or you dont know of anyone from there who maybe stuck in the GC process?

    IV has not got a single response. We might lose this opportunity.




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  • mjdup
    02-26 08:14 PM
    As MerciesOfInjustices said - thanks to the core team ! you guys are the best, I wish participants in future will refrain from using cell phones, if possible. Looks like it causes lot of static - either way the mute and un-mute option should resolve this.

    Topics covered and time management was absolutely great ! Hardwork pays off.




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  • gullu786
    03-24 03:42 PM
    Hi,
    Do we need to state the reason for canada visit as tourism or state the true objective (ie get a H1B Visa stamping)? My US F-1 visa has expired, so it would be obvious that I cannot return without a new US Visa?

    Thanks
    gak




    njgcmar03
    02-21 03:35 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise
    There should not be any issues. Take all the required papers to the interview.
    Good Luck!!




    buehler
    07-27 12:10 PM
    Yes that is correct. Any particular reason why you're bothered about whether the RD is Friday or Monday?