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  • mbartosik
    07-14 12:26 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.




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  • ajaykk
    02-21 01:36 PM
    Just a quick update, the company B confirmed that they are going to provide me EVL mentioning me as FT. I gave them the below format which I got from the forum and they are ok with it. Now my question is do I need to invoke AC21 when I join company B, will there be any issues to my wife who is on EAD with my original petitioner A?

    Employment Verification Letter
    From: Date: 03/08/2011
    XXX,
    Sr Manager,
    Company Name.
    Atlanta, GA

    To:
    The Director,
    U.S. Citizenship & Immigration Services,
    XXX

    Re: Employment Verification of Mr.ABC
    Dear Sir/Madam,

    This letter is to certify that Mr.ABC has joined <Company name>. on 7th March 2011 as a Senior Software Developer) with an annual salary of $XXX.
    Although, his employment is at-will, he will be working as a permanent full-time employee.
    His duties at <Company name> include:
    � <Duties>
    We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).

    If you have any questions you are welcome to contact me.

    Truly Yours,
    XXX, Sr. Manager,




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  • sundarm123
    12-12 07:55 PM
    H1B petition filed for H1B extension in regular processing on Nov 14 2007 in CSC and on 16th USPS has acknowledge that application has been delivered to USCIS and signed by GERORGE. I haven’t received receipt number till today. Is there any delay for receipt notice?




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  • Blog Feeds
    06-22 05:50 PM
    USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

    As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.







    More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)



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  • rsayed
    08-04 10:52 AM
    I got my physical EAD card but my online status still says pending. Don't know what's going on at USCIS now.

    When does your current EAD expire?

    When did you apply for your EAD? Which Service Center? Paper or e-filed?

    Pl. advise. Thanks.




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  • canmt
    11-14 07:43 AM
    Guys,

    My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?

    Current Status: Card production ordered.

    we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I have not received the card as yet, any ideas as to how long it is going to take?



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  • simple1
    09-17 01:25 PM
    The following attracted me.
    - only toefl required. no gre/gmat required.
    - low fees (with sponsored tuition option)
    - detc accretion (legal, not a diploma mill)
    - no residency required.

    Other than that it is not a famous university. I believe it is not in any ranking what so ever.

    more details.
    http://www.aju.edu/Admissions/catalog.pdf
    They offer specialization on sales, strategy, finance, hr, health services and marketing.

    I am just thinking about applying. Not decided yet.

    This is interesting. Do you know more about the program ?
    The website has very little info. They want $75 fee to get started.
    Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?




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  • Ahimsa
    11-11 02:09 PM
    IV is working to make politicians understand our EB relief issues.

    The house blocked our EB reliefs for the past years, though there were so many good hearted politicians in both parties. What happended was that people like Lou Dobbs managed to convince certain "powerful" politicians to do nothing about CIR in the house.

    I hope newly elected politicians do not get carried away by Lou and do resolve every issue that comes up to the fore.

    Add my 2 cents, post office increased the postage to 39 cents long time back. ;)



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  • Administrator2
    05-21 01:08 PM
    Here is an example of a massive success of coordinated grass roots effort.

    Banks have spent over 100 million dollars to lobby the Congress to stop Financial regulation reform. But targeted and timely 3000 calls from grassroots to Sen. Scott Brown's office has changed the course of this entire debate.

    Because of those 3000 calls, Sen. Brown decided to be the 60th vote for the cloture, ultimately resulting in financial reform.

    Source: Scott Brown, under pressure from left, votes for regulatory bill | The Daily Caller - Breaking News, Opinion, Research, and Entertainment (http://dailycaller.com/2010/05/20/scott-brown-under-pressure-from-left-votes-for-regulatory-bill/)


    So why did Brown buckle, after voting to uphold the filibuster on Wednesday?

    For starters, he received 3,000 phone calls to his office over the last week, all of them by supporters of Organizing for America




    Brown received around 900 calls on Thursday alone, a DNC source said.


    This is what only handful of us can also help achieve when it matters the most. It needs coordination and timely action from the grassroots and all IV members.




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  • vinzak
    11-10 02:06 PM
    Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)

    If you don't know what I'm talking about...

    YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)



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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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  • ImmiUser
    11-30 05:17 PM
    Hi,

    I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points

    1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?

    2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?

    3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?



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  • newtoh1
    03-23 06:37 PM
    I am planning to go India.Can I leave at JFK Newyork airport and return back at chicago POE?Will it be alright?

    I heard that there are some client verification letters are asking at POE these days?anybody really faced such situation?If yes, what exactly we have to provide?

    I am just scaring by the time I return back, I will have only 2 months of valid H1B visa.Will be it alright?




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  • dilbert_cal
    05-07 01:12 PM
    OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.

    Internally, NSC or TSC will get ask for confirmation of your labor from DOL. Most of the times there are no issues. The biggest factor to begin with is that instead of being able to do Premium processing and get your 140 in 15 days, now you are looking at a period of 4-8 months in normal processing and there is nothing you can do to speed up the process.



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  • masterji
    01-27 11:34 AM
    The consulate gave it back when I showed him my AP.




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  • bottlemani
    11-20 01:37 PM
    Thanks qplearn and pappu. Folks in NY, please join the NY state chapter thread.



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  • Ennada
    09-16 02:49 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help




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  • martinvisalaw
    06-18 01:05 PM
    If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;

    then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.




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  • amitjoey
    07-24 03:29 PM
    It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.




    imcdude
    09-15 08:28 AM
    Given that you filed in Dec 2002, it is very possible that your labor petition has already been certified or at least adjudicated.

    You need to talk to your company/HR and get this resolved. Impress on them the importance of knowing the status of your petition.




    WAIT_FOR_EVER_GC
    08-18 10:47 AM
    WHom Should one call? What number.. I do not get any rep to speak to when I call USCIS



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  • kannan
    11-17 12:42 PM
    Hi

    Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....




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  • arihant
    09-13 11:53 AM
    Looks like EB2 India took a backward step. Not sure of the other categories as I am more interested in this category.




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  • kirupa
    02-27 06:27 AM
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  • Ann Ruben
    03-29 07:42 AM
    First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

    At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
    who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.



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  • nmdial
    10-16 05:21 PM
    Please, count me in.




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  • contact.vr
    12-01 12:01 AM
    I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.

    1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?



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  • wonderlust
    07-18 05:17 PM
    Hi. I realized that I made a mistake when filling out the I 485 Part Three:
    Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.


    I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.

    I was wondering whether anyone here had done that before.

    I am kicking myself for misunderstanding the form! Please help!


    Wonderlust




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  • desi_scorpion
    07-30 01:40 PM
    she can change jobs without any problem as long she stays in h1b status....my wife is also in the same process



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  • tdasara
    08-10 08:57 AM
    With not many 'easy' H1b cases anymore. This looks like another route for the 'attorney' to get more clients, selling fear!




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  • Rayner
    11-23 06:59 AM
    A thousand a year is a trickle. My friend has moved to California on an EB5, and found it very easy. For the average Brit with property in the UK the 500,000 Dollar investment is not too onerous. In fact it's probably the easiest way in.

    See my friends experince at EB5i (http://www.eb5i.com)

    Rayner



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  • hpandey
    08-04 08:57 AM
    I got my physical EAD card but my online status still says pending. Don't know what's going on at USCIS now.




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  • nomi
    04-19 08:36 AM
    Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
    Good news is not many ROW eb3 for AUG03. Date will going to move definately.



    I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.



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  • americandesi
    09-04 02:16 PM
    To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
    My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance

    If the company is moving within the same county then no issues.

    If it's moving to a different state (or) to a different county within the same state, then refer the following thread

    http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7

    Remember, the prevailing wage differs from county to county even within the same state.




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  • Engineer1111
    05-19 04:45 AM
    My PERM was filed and I got the following email from my lawyers

    " Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "

    1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.

    2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)



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  • jcrajput
    10-19 10:24 AM
    please help.




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  • sushilup
    07-17 01:53 PM
    Hi,

    I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.

    Current Imiigration status:
    Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
    Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
    Have approved H1B for company-A since dec 2010 and stamped in passport.

    My questions:
    1- If 485 get denied, can I go to company-A and start working on approved H1B
    2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.

    Thank you.
    Sushil



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  • new2gc
    07-20 03:54 PM
    Speaking of I-140, I have applied that along with I-485 during July 2007 and I got approval in mail (hard copy to my attorney) in Feb'09, but my online status still shows initial review.

    Will this be of any issue later? Please advise if anyone had the same issue.




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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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    10-20 09:36 PM
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    07-08 10:27 AM
    We dont need to worry about legality of such posts because there are many review sites for all sorts of professionals online.




    arnet
    11-22 09:29 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/sh...highlight=foia


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



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  • oldguynewguy
    12-18 11:54 PM
    Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
    Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
    Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
    Q) Do I need to file AC21 if working for the same employer in a different position?

    Many thanks.




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  • NANO3
    04-30 04:28 PM
    thanks, appreciate the comments :party:




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  • GC_SUCK
    03-27 03:46 PM
    Thanks for your comments.

    I am from ROW and PD is 04/2002 which is current right now. Did the PP for I-140 and all medicals are done.

    I am kind of scared of Name Check process. Lets see what happens.




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  • WaitingUnlimited
    08-25 02:50 AM
    Hi,

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

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

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

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

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

    Thanks for your advice.

    WA



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  • beautifulMind
    07-26 09:56 AM
    labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion




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  • tkumar03
    07-01 04:12 PM
    Hi

    I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.

    Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.

    Will it affect his GC and when will he get his GC?
    thanks
    Kumar



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  • puvathoor
    04-08 03:30 PM
    Agree with the post above.. Lots of H1Bs are filed by unscrupulous employers who bring a person on H1B and don't pay them till they get a contract / client to bill the H1B to..

    USCIS needs to investigate this.. Time to write to USCIS to be more vigilant in monitoring these firms to ensure real people with real jobs out there can get the H1Bs




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  • MONCYS
    03-28 07:05 PM
    I think your employer should cooperate with you by not withdrawing your I-140.


    Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days



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  • pd_recapturing
    06-22 09:45 AM
    Hi,
    Does anybody know as to how long it takes to receive the H1B receipt # when its being processed in premium processing?
    Thx




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  • kaisersose
    07-17 01:28 PM
    Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.



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  • illusions
    03-17 03:14 PM
    Does anybody know how one can (if at all possible) to switch from EB3 to EB2 ? what is the criteria ? Has anybody done it ?

    Any light on this subject will help




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  • wandmaker
    12-04 11:08 PM
    Thank you for response.

    I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.

    Yes, I read in forums RFE's and 221g both have become more regular these days.

    I'll let the forum know outcome of this case. Thank you for visiting this thread!

    If you apply in PP, you will receive an approval, denial, NOID or RFE with in 15 days. 15 day clock will start ticking once USCIS receives the response to RFE. AFAIK, this holds true as of writing.



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  • raysaikat
    03-01 03:08 PM
    I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.

    Here is my situation -
    1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
    2. I came back to India for good on 31st August 2008.
    3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.

    So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?

    If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.




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  • rs_nyuser
    12-14 08:13 PM
    Gurus

    Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.

    She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.

    Please help.
    Thanks in advance.



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  • monk097
    02-19 09:49 PM
    Hello,

    I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?

    Thanks.




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  • mdmd10
    08-28 12:33 PM
    hi !
    we have recently finished our finger printing ... can anyone tell me what will be the next step ..

    thanks

    sure...attend the Immigration Rally!!



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  • purplehazea
    03-27 03:13 PM
    Out of personal experience of stories from other people I understand that generally most people do not have any problem while going for stamping outside the country. Subject to the fact that I am not an attorney and that you should consult one, here is my no guarantee advice:
    Ensure that you have all the paper work and that you do not have any period of illegal stay;
    Ensure that you go for stamping long before your visa validity runs out.

    Again this is purely based on what I have noticed in my personal experience. Some people do get unlucky but overall it is better to go to a non-indian consulate and especially avoid Madras consulate.




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  • kshitijnt
    01-25 08:55 PM
    Some members in other posts have used abusive language to the extent of comparing my wife to a dog. And some have asked for the money since I have got the answers. I am not sure how these "skilled" people can lobby for the skil bill or for that matter convince a single congressman.

    I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?




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  • gconmymind
    09-19 12:25 PM
    Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.

    Hopefully, the officer at the consulate wont ask and you wont have a problem.

    Personally, I have my client's location as well as my company's location on my H1 LCA.




    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.




    sreenivas11
    07-15 11:14 AM
    I am in