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  • Dhundhun
    05-03 10:44 PM
    Every employer does not do it. My employer does not do that.

    Keeping H1 also has some advantages.
    ... If I485 is rejected
    ... Freedom to travel, heard that AP is just for emergency travel (at least intent)




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  • GCSOON-Ihope
    11-08 06:27 PM
    Here is s tricky situation :

    8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.

    Can I transfer to a new company using this H1 ?


    There is nothing tricky, it is plain and simple: you want to switch jobs?
    You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.




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  • ss_col
    05-21 12:20 PM
    Does anyone know how are they planning to calculate the points and how much points do you need to file GC/eligible for GC?




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  • TimeSaver
    07-11 11:48 AM
    Thanks guys.



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  • justin150377
    07-10 01:12 AM
    I just noticed this was a copyright article (i've kept the headline in the body - article has since been deleted) from a private news source (Dow Jones) I am subscribed to




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    07-10 07:33 PM
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  • Dipika
    09-16 10:03 AM
    i am in same situation. i applied for employment base in Dec 2004 and family based in May 2006 through my sister. Rightnow i'm on EAD and my sister based F4 category have priority Dec 2001.


    You can apply in both category. when i was filing 485 (EB3), there is question if any other 485 petition is pending? The answer is "NO" even i have applied (I-130) under Family based GC. My lawyer said filing I-130 (for family based GC) is not consider as another petition (485) for GC. So it is ok to apply in both.




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  • CRAZYMONK
    03-18 02:44 PM
    If that is the case, why don't you opt for 1 and not go for stamping? Indeed you don't need to if you are planning to use AP.



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  • Ann Ruben
    02-14 11:34 AM
    An H-1 petition filed by a new employer should have no direct impact on your AC-21 GC process. Because you are not currently in a valid non-immigrant status, you are not eligible for a change of status in the US. In any event, the petition would not be valid before 10/1/2010 assuming the employer is not cap exempt. So, you would have to travel out of the US to apply for the H-1 visa to be stamped in your passport. To be safe, you should make sure you have a valid AP with you before travelling just in case there is a problem ofr delay at the consul.

    Ann




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  • Student with no hopes
    09-22 11:26 AM
    Migration Information Source - Frequently Requested Statistics on Immigrants and Immigration in the United States (http://www.migrationinformation.org/USFocus/display.cfm?ID=747)



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  • glus
    04-18 12:20 PM
    If one applied for his I-485 before the H-4 visa was expired, then not a problem. The minor could obtain a new h-4 visa stamp overseas. He / she should take AP with her / him just in case they can't issue a visa for any reason.
    Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.




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  • vidin
    11-20 11:39 AM
    Amazing Invention by an IITian(Indian Institute of Technology, Bomabay).

    If you have time go through the below video.

    Pranav Mistry: The thrilling potential of 'SixthSense' technology-TV-Economic Times (http://economictimes.indiatimes.com/tv/TED-India-Pranav-Mistry/videoshow_ted/5231080.cms)

    Very amazing and awesome invention.

    Adding a ‘SixthSense’ to Your Cellphone - Bits Blog - NYTimes.com (http://bits.blogs.nytimes.com/2009/11/06/adding-a-sixth-sense-to-your-cellphone/)

    .

    Nice post, but I just found the same now...

    http://immigrationvoice.org/forum/forum107-interesting-topics/783354-check-this-out.html



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  • vphope
    06-05 02:40 PM
    Hi

    My H1 is valid until 2010 Feb.
    I am also having EAD till 2011 June.
    I have been with my employer all along.... and prefer to stay with same employer till GC.

    I DONT want to apply for my H1 extension since they are asking lot of questions like Contract details etc with RFE's.

    My Q is - Can i use EAD with my EXISTING employer or EAD should be used for only NEW employer based on AC21?

    If i use EAD with my current employer, should i have to inform uscis(any process involved)?

    Please suggest...

    Thanks for any suggestions




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  • neeshpal
    07-19 10:04 PM
    In my opinion, Yes



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  • Blog Feeds
    05-30 12:30 PM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.

    An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.

    Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.






    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)




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  • amitga
    07-01 08:55 PM
    I think you should have added June 30th also.



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  • yagw
    09-19 11:18 PM
    I entered US with a tourist visa in California. Months later, I got married to a US citizen in Austin,Texas. Me and my husband were apprehensive at first to get an immigration lawyer to process my visa but we realized the process of obtaining a visa was not as straight forward as we thought.

    We have since decided to hire a lawyer and have met with two attorneys so far. The process is frustrating because of the requirement to pay a consultation fee; we schedule an appointment, meet, and find out that the cost of hiring the lawyer is far greater than what we can afford.

    My question is: does anyone know of a good lawyer who charges a reasonable flat fee? $1000 - $1500?

    thank you

    Post it in the "Ask a Lawyer for FREE" section. Some attorneys read that and if any interested will either reply or PM you i guess. good luck.




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  • pappu
    01-24 12:25 AM
    lot of members these days ask about various companies. You may also want to directly ask the company too all such questions.

    http://immigrationvoice.org/forum/showpost.php?p=43890&postcount=19




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  • rsrikant
    09-24 01:26 PM
    there is no 140 processing update from texas... any idea why or what is the update??




    vss
    11-20 01:53 PM
    what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?




    vin69
    02-10 07:21 AM
    Hi ,
    Does it impact I140 processing if i am outside US and worked with same employer in India ?
    I have left for india assignment after concurrent filing (I 485 + I 140)
    for 4 weeks and joined back in US for different assignment last year after July filings.
    But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.

    Has any one experienced similar situation ?
    Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
    Can anyone advise ?

    Thanks in advance,

    Vin69



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  • kp9999
    04-23 11:57 PM
    HI

    1..I would like to know if an employer revokes 140, and if the AC21 is not submitted at the time of NOID...how many days are given by USCIS?

    Is it 30 days?

    2..If I go to another emplyer and try to do interfile, still I need to file AC21?
    And if the new category is EB2(my old application is EB3), still is that ok?

    For eg..EB3 title is system analyst, and if I want to go for Eb2 then which could be more apprepriate..?Senior SYSTEM ANALYST

    appreciate your response..

    kp




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  • newuser
    06-01 12:49 PM
    Any updates from the CORE TEAM regarding this amendment?

    core members ? any comments?




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  • saturnring11
    12-21 09:04 AM
    What day did you go to the Salinas ASC? I'm thinking of Walking in on Saturday.




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  • Blog Feeds
    06-02 08:30 AM
    Until now, new inmates booked into the San Diego County Sheriff’s Department had their fingerprints checked only for criminal history information. But now, each new inmate booked into one of the three largest jails in the County will now also have his or her fingerprints checked by the U.S. Department of Homeland Security’s (DHS) biometric system for any immigration record.

    The San Diego County Sheriff’s Department is the first law enforcement organization in California to partner with the U.S. Immigration and Customs Enforcement (ICE) in their Secure Communities program. This comprehensive program is intended to streamline the process by which ICE determines if the screened inmate is a criminal alien, subject to automatic removal at the completion of his or her incarceration. Highest priority is given to inmate aliens who have been convicted of crimes such as rape, robbery, murder, kidnapping, and major drug offenses.

    By implementing programs like Secure Communities in prison facilities and law enforcement organizations, ICE identified more than 221,000 potentially removable aliens incarcerated nationwide in fiscal year 2008. This fiscal year, the agency anticipates spending more than one billion to continue these programs. ICE currently partners with 50 counties and law enforcement agencies across the nation through the Secure Communities program and looks to expand the program to all law enforcement agencies throughout the United States.

    More information about ICE's Secure Communities effort is available at www.ice.gov. Additional information about the San Diego County Sheriff’s partnership with ICE may be found at:
    http://www.ice.gov/pi/nr/0905/090526sandiego.htm.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/uOdtj4TLpNE/)



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  • confu
    08-26 04:25 PM
    A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?

    That would be a huge plus in case its true.




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  • Berkeleybee
    02-27 04:48 PM
    All,

    We know we have our largest membership in CA. Well over a hundred members. Yet there are only about 10 active members. And yes, these 10 are extraordinarily dynamic, but we need more. In particular we need more members in SoCal.

    Those of you who have already signed up as volunteers -- please attend the weekly call this Thursday at 9pm PST. Once you are on the call, please speak up, take the initiative and work on something.

    Respond to the weekly emails.

    - Convince at least one more person to become a member
    - Convince at least one more person to contribute
    - Post our flyers in your neighborhood or workplace
    - Come up with other ways to get the word out
    - Join a lawmaker team
    - Start a lawmaker team and make an appointment

    IV cannot run without your help and fervour.



    best,
    Berkeleybee



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  • theflash
    03-31 06:46 AM
    no I dont think so :P




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  • rsk73
    10-12 04:11 PM
    Hi All,

    I have an approved I-140 from an employer X. I-140 was approved 2 years ago. And last year I left X company and took a full time position. Since X is my frined he did not mind leaving his company at that time.

    I applied for 485 in July as a future employee for X using that approved I-140. I got EAD and AP also.

    Now we got into some money issues and he wants to revoke my I-140/I485?

    Can he do that?

    Please advice.

    Thanks in advance.



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  • desibechara
    10-17 01:52 AM
    NSC

    Rd was Aug 8, 2008

    PD Oct 29, 2001




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  • ksairi
    08-15 11:12 AM
    please advice



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  • nirdlalegcade
    01-29 10:37 PM
    Not a problem, just have somebody to check your mail in case the USCIS sends a fingerprint appointment or something else.

    I am just waiting for the green card.
    Is there any time limit when I'm out of the US??
    Thank you. Help please.




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  • Berkeleybee
    03-28 01:25 PM
    NetIP is a nationwide organization, though each chapter seems to function in a somewhat independent way. However, events that have been successful at one chapter tend to be taken up by other chapters.

    The nationwide NetIP chairs did not respond to me, though the Bay Area president did.

    Here is a list of chapters. There is a tri-state chapter.

    http://www.netip.org/html/chapterinfo.html

    Perhaps the NJ-NY IV team should encourage the Tri-State chapter to at least put up our link and send a mailer to members.



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  • GC_ki_daud
    08-21 01:08 PM
    Bump




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  • sr1973
    07-23 05:36 PM
    Congrats... Are you EB1?



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  • sendmailtojk
    07-19 11:44 AM
    Is it mandatory to spend [B]at least[B] 6 months residing in the US every calendar year after obtaining a GC? :confused:




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  • kishorek111
    01-02 01:16 PM
    I filed my 485 in Aug 2007 (in the July fiasco), but filed my EAD in Jan 2008. So do I need to send the application fee.



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  • Blog Feeds
    06-18 03:40 AM
    A great tip from AILA to share with our readers regarding the H1B visa. It seems that H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) for Speech Language Pathologists (SLP) and similar related occupations are being closely monitored to ensure that accurate job duties are being identified to confirm CGFNS (Commission on Graduates of Foreign Nursing Schools) certification requirements.

    There are multiple progressive occupations within the Speech Language Pathology career field including, Teachers of Speech and Hearing Handicapped (TSHH), Teachers of Speech and Language Disabilities (TSSLC), Speech Language Pathologist Assistants (SLPA) and Clinical Fellows (CFY), and Speech Language Pathologists (SLP).

    While all of these positions require a state license, only SLPs who are certified by the American Speech-Language-Hearing Association (ASHA) may provide direct patient care without supervision, and thus, only certified SLPs require CGFNS certification.

    According to CGFNS, the other related occupations (TSHH, TSSLC, SLPA, and CFY, all of which require a minimum of a bachelor's degree, a license, and direct supervision by a licensed SLP) do not provide independent patient care and must be supervised by a licensed SLP and, therefore, are not eligible for CGFNS certification.

    USCIS officers ask that H petitioners carefully delineate the job duties of positions within this career field so that officers can determine whether the position is one of the SLP related occupations that do not require CGFNS certification.




    More... (http://www.visalawyerblog.com/2010/06/h1b_visa_tip_petitions_for_spe.html)




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  • trexx7
    10-02 03:56 PM
    I am currently working on H1B and have received my EAD and Advance Parole recently. I am planning to travel next month and want to use
    my Advance Parole for this purpose. When I come back (to avoid h1b stamping again in home country). Do I need to use EAD to continue
    working in US?

    Thanks in advance




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  • GC_ki_daud
    08-21 01:08 PM
    Bump




    tipsvizag
    05-15 06:57 PM
    :)
    I first came to USA in April 2005 and have H1B valid till 2011 April.

    I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.

    During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.

    Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.

    Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.

    Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.

    Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]




    INSpector
    07-24 08:44 PM
    We filed 485 on Jul 2nd. So far no receipt yet.:(
    My wife's F1 status is going to expire in Aug. She needs to change her status to H4 now. Will the status change have any negative influence on our 485 application? Do we need to send some amendment regarding the COS?
    Btw, which center she needs to send COS this time?:D :D Thanks a lot.


    In a memo posted by the USCIS (in the press room tab) appears a notice where they say that receipts of july filers will be delivered by August 1st.

    Keep waiting



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  • hsd31
    01-07 01:34 PM
    Few months ago, my company filed for my 7th year extension and USCIS approved the extension for only 8 months instead of 1 year (my I-140 hadn't been approved yet). My lawyers contacted USCIS for clarification and we finally heard back from them. They say that the approval of 8 months is correct and gave no explanation for why it was not for 1 year (which I would have qualified for since my LC was approved when the extension was filed).

    Has anyone else experienced a similar thing?




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  • CRAZYMONK
    03-18 02:44 PM
    If that is the case, why don't you opt for 1 and not go for stamping? Indeed you don't need to if you are planning to use AP.




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  • pune_guy
    02-15 05:34 PM
    Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.

    It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.

    My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.

    Also will SSN affect her H4 status if EAD is not used?

    What do you guys think?




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  • poonam.daulat
    05-11 06:48 PM
    Hi, I am on L1B since Dec'10. My visa is expiring in Apr'11. Due to project requirement, my company has plan for my visa extension. Is there any way to get the GC? If part-time study can help to process my GC faster, I am ready for that too.

    Looking forward for your professional guidance.

    Thanks & Regards... Daulat



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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




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  • beautifulMind
    11-02 08:58 PM
    the Company is given guidelines by the lawyer and USCIS and they need to follow those guildeline. I am not interfering. I just want to know if what they did would satisfy the requirements of the PERM recrutiment process. Not sure why you gave me a red dot for this. The AD was posted by HR and I work for a very big university. All i wanted to know if it satisfy PERM requirments...



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  • gcForV
    07-18 03:17 PM
    TSC immigration officers answering phones at TSC are giving different status messages for the same candidate. The most commonly used answers are:
    (1) Your finger print's are not uploaded to the TSC system.
    Which is incorrect as the applicants went to their Infopass appointment and came to know there finger prints are done and after the applicants called FBI to confirm that the finger print results have been sent back to USCIS
    (2) Name check not completed
    (3) Visa number will not be allocated till october
    The worst part is when you call the IO's after 10 minutes they give a different answer. The answers vary depend on the day and time of the call.
    This has been goign on as per discussions in immigration forum @ http://boards.immigration.com/forumdisplay.php?f=98
    Is there anyhting we can do about this IO's who are giving wrong information. Can we file any complaints?




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  • Ramba
    10-29 06:19 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.

    First, employer or his agent only reply to RFE, not your friend.

    Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.



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  • bhartigorkar
    08-19 05:53 PM
    Thanks for your help.I will try your solution. :)




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  • martinvisalaw
    05-13 11:50 AM
    I think you need to have a consultation with an immigration lawyer, if you want a legal opinion from someone other than your current lawyer. There isn't really enough information in your question to give an answer. Without knowing why the L-1A petition was denied, it's very hard to suggest a strategy. If there was an RFE issued before the denial, you should be able to see what CIS was concerned about.

    Are you eligible for E status? I don't know your nationality, so can't answer this myself.



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  • raj2007
    06-14 01:26 AM
    Can I apply for 485 and then travel abroad, without getting advance parole?

    I am on H1B and must travel to India to take care of a sick parent and would like to apply for 485 and then travel abroad....will this jeopordize my greeen card process?

    Looking for your inputs

    You are OK if you are travelling on H1B. I never used my AP and always used H1B




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  • RC2009
    10-13 05:45 PM
    Thank you for the reply. My confusion stemmed from whether i can use my US License as my id for gaining the license. Or whether somehow my A# or I94 number had to be noted on the license/certificate in order to use it at a later point for the green card process.



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  • willIWill
    06-09 09:31 AM
    ^^^^^




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  • number30
    05-24 11:08 PM
    my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.

    sounak

    NO. I-864 is for family based cases only. Some people include I-134 But not required



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  • obviously
    06-29 12:36 PM
    What does this topic have to do with the interests of this community? It would be helpful to stay focussed and on point, failing which folks might stop coming here due to the level of noise and distraction in the forums.

    Admins - please consider.

    Thanks, O
    P.S. Choose to flame me in response, it will be duly and dutifuly ignored :)




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  • kannan
    05-21 12:04 PM
    congrats,

    you are greened.



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  • ak_2006
    05-10 01:22 PM
    Demand Data Used in the Determination of Employment Preference Cut-Off Dates


    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    India EB2 Reduced from 13,300 to 10,425 i.e. 2875 allocated for only EB2 I.
    China EB2 Reduced from 3,900 to 3,675 i.e 225 allocated for only EB2 C.




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  • Green_Always
    02-27 09:16 PM
    Yes Great Inovation and Technology looks promising, need to see how this grows.

    Let it Bloom soon... in every backyard and household.

    Hope we can take this to Villages and Small cities in India.




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  • ss12345
    05-06 01:45 PM
    Thanks for doing this service which helps many ppl's lives.

    My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
    1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
    2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?




    wandmaker
    05-07 09:10 AM
    So in this case, the person should send the documents from India, correct? One of the requirement was I-94 card. How will we provide that if you are out of the country? What to say for Last Entry?

    Q10 - Alien Registration Number (A-Number) or I-94 Number (if any)
    Q12 - Provide your last date of entry
    Q13 - Provide your last place of entry

    It is not necessary that one should remain in the US to apply for EAD renewal.




    paskal
    08-22 02:08 AM
    makes me wish the rally was in san diego or something :-)