Wednesday, June 29, 2011

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  • wandmaker
    11-28 06:58 PM
    vengaiah: Fill the I-9 form and send it to your company B with a copy of your EAD, fill in the direct deposit form ( or take cash :) ) and you are good to go.

    You will have submit a new I-9 with a copy of your EAD to your company A - as your will status will be "Pending AOS" from the moment you start working for company B using EAD and You are no longer in non-immigrant status (H1B).





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  • mnkaushik
    02-09 03:36 PM
    My Lawyer said the same thing. If you say the minimum requirement for a particular job is Bachelors + 5years of exp then every person hired for that position in the past should have Bachelors + 5yrs of exp.





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  • gcfriend65
    07-10 08:24 AM
    A Senator from Louisiana who vigorously opposed the CIR along with Jeff Sessions has been exposed to have links with the D.C. Madame.

    Please follow the link:
    http://public.cq.com/docs/cqt/news110-000002547138.html





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  • tinamatthew
    07-20 08:32 PM
    Wondering if a little something when filing my taxes will backfire on me when filing I-140/485.

    I'm single/no dependents but for past 4 yrs or so when filing taxes have showed 2 dependents for child tax credit (no earned income credit applied for)....my niece/nephew. My bro had full knowledge and he had suggested as due to his status in US, he is not required to file taxes. Sis in law not working, so not filing taxes. So i used to do that....

    It won't come to bite me right???? ok i am never doing this from now on but is it too late for me. Obviously on my immigation forms i will show no dependents etc as i have none...

    any advice.....


    Personally, I wouldn't send my tax returns until I have spoken to a GOOD lawyer. There are quite a few IO that do not ask for tax returns b4 or during the interview. However, it shouldn't be a problem as you can explain it away. Simply - they were my dependents in those 4 years !! But now they are not, simple.



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  • Pasquale
    04-01 12:19 AM
    THo funnnyy





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  • azambhatti
    01-27 09:26 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.



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  • ariel_dude28
    02-02 10:15 AM
    Hi I have H1 papers from my last extension valid until June 15.

    I haven't traveled during this period but planning to visit India Between March20 and April 20. So I will have to visit US embassy for stamping.
    Can someone please let me know the risk associated with going for stamping with H1 only valid for 2 months.

    I am applying for an extension but I will not receive the extension papers until May and do not want to wait until then as this will be my last extension until Dec.

    Please advice if its safe to go to US consulate in India for stamping with only 2 months validity on my H1.





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  • BumbleBee
    03-31 10:05 AM
    From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:

    Thanks.

    Yes, please fill out your profile to help IV.

    1. Even after leaving the company, is it legal for me to stay in the country and for how long?
    As long as I-485 is pending or approved.

    2. Can I look for any kind of job on EAD or there is any restrictions?
    Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand

    3. Is it possible that my former employer can cancel my EAD?
    No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.

    4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
    You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.

    Hope that helps.



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  • jonty_11
    03-10 03:35 PM
    ask to see if ur company can support the original GC application also. If they will provide you documentation that you mention in the 3rd point you should be fine.

    Your company attorney's should be able to guide you more.
    I think this is no different that using an EAD to switch jobs. You can continue working on H1B also - provided your company sees no need to file amended H1B .





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  • chanduv23
    03-12 07:16 AM
    I have been noticing a lot of people moving changing jobs using EAD. Especially a lot of June and July 2007 filers.

    The time to renew EAD is approaching and I am sure there is going to be a surge in EAD renewals.

    There was also a recent communication from USCIS that one must not apply for renewal prior to 120 days of their EAD expiry date.

    In past has anyone been in a situation where they are not able to renew EAD in time and how you handled it?

    Do you plan to apply for EAD exactly in the 120 day range to make best use of time? What if EAD renewal gets severly backlogged?

    I think this is something we must all concentrate on and try to get some answers from USCIS on this as it will help planning.



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  • gcseeker2002
    01-03 09:54 AM
    Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
    I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
    What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
    Thanks.





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  • yabadaba
    10-26 09:51 AM
    She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

    yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.



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  • permfiling
    05-18 11:07 AM
    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500





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  • go_guy123
    01-05 12:51 PM
    Now this is hardball.

    More... (http://blogs.ilw.com/gregsiskind/2010/01/hispanic-congressmen-threaten-to-bring-down-health-care-reform-if-immigration-ignored.html)

    This is the classic example of the democratic party as described by conservatives:

    Democratic party is "A group of warring tribes united for the common purpose of plunder"

    democratic party bunch of warring tribes - Google Search (http://www.google.ca/search?q=democratic+party+bunch+of+warring+tribes&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a)

    Republican party inspite of its problems is generally united



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  • redgreen
    03-15 09:38 PM
    concurrent filing means filing of I-140 and I-485 together not two I-140s.

    why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
    Are you trying to mock all the IV members? Or just being silly?





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  • aguy
    07-27 03:24 PM
    She has the F1 stamped on the passport which is valid until Dec 2009 I think. She is finishing much before that. Does it mean she will not be able to reenter on either F1 visa or the EAD?



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  • maheshf
    03-10 12:00 PM
    I am traveling using AP (original) . I lost both EAD and 797 (H1) originals in house fire. will they ask for original EAD or 797 receipts or photocopies will do?
    Please advise and share your experience.





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  • saketkapur
    07-14 11:42 AM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
    2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if somebody can provide some insight regarding the same.
    regards
    Saket Kapur





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  • narasimha.cse@gmail.com
    11-19 09:06 PM
    Hi Everyone,
    I need help urgently , my port of entry is SFO and on the I94 I have not written my complete name as I didn't understand the the importance of I-94 . When I tried to apply for SSN i was told that the names has to match with the name written in I-94 at the port of entry and the person said that I have no other option to change the name so I agreed upon the name which on SSN . Now I googled out and came to know that I can change the name in port of entry . It would be of great help for me if any one can help me out getting out of this situation .


    Awating for all your replies.

    Thanking you in advance,
    Narasimha





    venkat80
    08-26 09:45 PM
    It is normal not to have PD on the receipts.





    h1vegas
    07-24 06:27 PM
    Hi
    Please help me on this question

    I was on F-1 Visa in 2003 I applied for the labor certification through a friend's company- call it Company- A, on the intention to to work in his company as a Network administrator. I got my labor approved and I -140 is approved too. The priority date is december 2003. All these years I was waiting for my priority date to become current.Currently I work for Company B with same job title and credentials. I have an H-1 from company B.

    What do you suggest

    1) Shall I go ahead and apply for the I 485 from company A (company A is willing to help). Can INS ask for the pay stubs? Becoz I never actually worked at my friend's company.

    2) It will take 3-4 months for company B to finish doing my labor certification and apply for my I -140. But it would be too late for the priroty date. (It may retrogress).

    3)I understand that once my current company's I -140 is approved i can request to keepo my previous priority date

    what shall i do now in july/august.
    you think i just go ahead and apply for I-485 and get the EAD card for me and my wife
    Do i have to work for the company A later (I can do that)
    What are the risk factors involved

    Pls help me



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  • mrsahaayam
    09-02 01:10 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you





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  • FrankZulu
    08-13 11:47 PM
    Nothing yet. Once 2nd July is done it should be one or two business days.





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  • pinky001
    09-18 03:51 AM
    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately





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  • asanghi
    10-08 01:49 PM
    They might be trying to put pressure on US govt to agree to totalization agreement. The number of Americans working in India is on rise. It is nowhere close to the number of Indians working in US though.



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  • Pineapple
    02-09 01:51 PM
    That's a good one :)

    ..

    PS: You know that Power = IV right? = )





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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.



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  • Tantra
    07-18 08:43 AM
    Welcome!





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  • niklshah
    11-11 11:26 AM
    i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.

    hope this helps

    good luck



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  • alterego
    03-16 10:43 AM
    I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
    So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
    As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
    Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
    Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
    Happy travels folks, quit worrying so much and live your lives.





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  • senthil1
    06-27 10:29 AM
    It is difficult to get H1b without client letter. Also many consulting companies stopped H1b because of RFE and denials. It is a good idea to try job to 2 to 4 more weeks.

    Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.



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  • paskal
    07-14 05:34 PM
    that makes sense
    but what about Korea?
    How come we do not have an EB2 or EB3 Korea retrogressed?
    that's not nurses...





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  • bigboy007
    11-01 01:49 PM
    Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .

    1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?

    2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.

    Need ur views.



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  • senthil1
    06-28 01:14 PM
    Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.

    ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?





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  • rbashir
    09-01 09:18 AM
    I am sorry for posting it multiple times, but I do really need some guidance, and some information I am hoping somebody may help me in my RFE.



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  • alifarhan123
    08-27 03:20 PM
    I got the 2 yr EAD as well, but don't know what the use of having it without I140 approval.





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  • webm
    12-15 08:59 PM
    They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..



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  • whattodo21
    04-20 01:44 PM
    the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?

    One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

    BTW in politics right or wrong is rarely a consideration.





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  • iman.karta
    04-15 05:33 PM
    Dear Sir/Ma'am,

    I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
    I am applying for an immigrant visa via employment-based; EB2.

    I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
    I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
    And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.

    The question is:
    1. What is the alternative that I have?
    2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
    Do you think these will be sufficient?
    3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.

    Thank for the input.

    Warm regards...





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  • jfredr
    07-23 12:04 PM
    Hi
    Just to know who signed ur I-485 at NSC



    R.Mickels





    little_willy
    08-05 11:37 PM
    Me and my wife along with our 1 year old will be there to show our support.





    desi485
    07-27 06:22 PM
    Lets put it this way.

    If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.

    If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.

    However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.

    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?



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  • newtoh1
    04-29 04:37 PM
    1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?

    2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?





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  • lazycis
    01-14 02:31 PM
    It will be much easier to separate after GC is in hand. It's possible to get separated before and still get GC, but she would need to file additional paperwork. Consulting with an attorney is recommended.





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  • GC_ki_daud
    08-21 11:23 AM
    Any word yet on the Processing Dates.





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  • ajaykk
    11-08 01:18 PM
    ~bump~



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  • kevinkris
    08-14 04:55 PM
    :mad::mad::mad::mad:

    I want to know that person and give a red back !!
    Let me know





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  • Dhundhun
    05-02 11:48 PM
    Has anyone paper filed for renewal of EAD and AP together?
    I am trying to file these together wanted to know if i can fedex both the applications together in the same package.
    Please advise.

    Same Fedex is OK, but make two packets.



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  • adfrn111
    01-09 11:08 PM
    thanks





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  • sth2009
    07-24 03:36 AM
    I am in the same situation.I was told by my lawyer that if company A didnt cancel the H1b and as long as u have a valid and unexpired h1b with company A u dont need to retransfer to company A



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  • augustus
    09-12 03:28 PM
    MSNBC had a news piece on surprise illegal immigrants and looks like they are from India. I was surprised at a shocking 125,000 people have over stayed their visas and have become Illegal. I was worried if such news articles will reflect on our integrity and our image as knowledge workers.

    Just a thought....





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  • unsanjana
    10-05 03:50 AM
    Dear Sir/Madam:

    I booked H4 visa appointment in Chennai Consulate on Oct 10th,2007.

    My husband is working in US on H1b visa. He moved company A to company B on Sep 10th,2007. He has companyB H1b approval letter, but he only has one Sep month pay stub from company B.

    When I am going for H4 visa stamping, I need to submit my husband's recent 3 pay stubs. Can I submit my husband previous company A pay stubs( June to Aug) with recent pay stub from company B. Is there any requirement to submit all pay stubs from one company.

    Please assist me. I would really appreciate your answers.

    Thanks and Regards
    Sanju



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  • vegasbaby
    05-07 07:53 PM
    Submit all your I-94. How does it matter?? Once u leave US, u cannot enter on any of those I-94 anyway.

    Submit them @ Washington DC





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  • greencard_seeker
    08-07 08:15 AM
    Hi Guys,
    I don't know if this is already posted... Here is my situation...
    I had applied for 485 in July with Future Employer in EB3.
    After 6 months, I want to port the application to my existing employer. At that time, is it possible to convert the application from EB3 to EB2 using AC21 portability??
    Any help is appreciated!!!



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  • kirupa
    06-05 04:18 PM
    Added it up :P





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  • nsn1234
    07-27 01:02 PM
    Hi STAMisha,
    I sent you a message and also sent an e-mail. i went thorugh ur previous posts and it seems we are pretty much on the same boat.

    plz check ur mail and call me at ur convenience. we will talk in detail.



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  • roseball
    07-01 09:36 PM
    Since USCIS started I-140 premium processing service on 06/29/09, you can try and upgrade your pending I-140 to premium processing so you can get a decision on your case within 15 days...When you get your I-140 approval, you can file for a 3 yr H1 extension based on it.





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  • chirukatti
    05-02 06:12 PM
    I hear that any transfer of a visa to a different one, in your case from L1 to H1 need to go back to your home country for stamping. Please consult an immigration laywer for more details.



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  • supers789
    01-02 06:40 PM
    can someone please reply?





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  • gcwait2007
    03-03 04:40 PM
    In my employer company (NJ based, desi consulting company) about 50% of the EB-2 PERM applications are under audit.

    I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)

    The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.

    Does any one have any info about PERM change process? Please advise. Thanks in advance.





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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





    arung
    02-24 10:46 PM
    Is there any solution going to come to help peoples here for 9 � 10years paying taxes, contributing to social security, Medicare, having clean records etc, and stuck on numerical limits and VISA numbers availability.
    Being in this situation is not because of not started process timely, where as this is caused by the way processing tied up with employer to get GC. And as soon as changed employer the whole process reset. Sometimes employee has to take decisions in the best interest of employers, where as one has to pay price like sitting in the GC Queue again and which was also not bad till the retrogress hit hard.
    There also best possibilities that people stuck in queue and waiting for GC are highly skilled, financially healthy, and capable to invest but surely not doing so in the anxiety
    Even in the current economic situations most of them also lost their big chunk of money from 401k, IRA and other investment which is going to take years to recover.





    Dipika
    05-17 12:00 PM
    If you don't have photo copy then ask your lawyer, they always keeps copy of 485 documents before sending to USCIS. you should be able to get another one from India.


    Hi folks,

    My baddest of the bad phases started recently when I lost my wife's birth certificate from India. Worst part is we dont have backup (no photo copies of it).

    Anyways, We are waiting in the 485 queue, working on EADs. Question to all folks, do still need birth certificate now for the green card process, as we have already sent the application?

    And how bad it is with redtape/corruption in India, to get another birth certificate from my wife's birth hospital, when we try by ourselves (I mean not involving our/her parents), when we visit India next time (maybe for a month)?

    Appreciate your responses..