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  • grimreaper
    07-23 12:40 PM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

    If you were never convicted, you should not have any problems. Because remember, you are innocent until proven guilty ( which means conviction) and being charged is not an offense by itself. You might face some problems at POE because your finger prints might show up due to arrest record, but if you have court documents showing you were acquited or police documents showing that your charges were dropped, you should be OK.





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

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





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  • chinnailu
    04-19 11:18 AM
    What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)





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  • gc122004
    07-25 03:50 PM
    I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.

    In other words if I go an take Info pass today when can I get the erliest scheduled date?.

    Thanks,

    I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.



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  • Cheran
    04-14 05:24 AM
    This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....



    All,

    My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

    Can anyone here provide some guidance or point him to the right discussion thread?

    Thanks!!!





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  • chanduv23
    11-02 09:40 AM
    I am in IT and my wife is doing her first year residency and both are on h1b. We are looking for a good legal counsel regarding our future like avenues forr fellowship, etc...

    Any suggestions??



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  • jamesingham
    06-12 04:27 PM
    Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

    I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

    The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

    My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

    Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)





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  • Queen_of_Sheeba
    05-07 01:24 AM
    wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...



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  • waitin_toolong
    10-03 11:40 AM
    as soon as you get it.





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  • alterego
    07-06 04:56 PM
    Everyone knows they are behind in their receipting at this time. They have channeled all resources at this time to the 485 petitions.

    So much so that they suspended PPS for 140s, they don't want new 485s, even EAD/AP applications are being unduely delayed. Beyond their service commitment times with no reasons.

    I think they expect to get back to normal receipting by the dates given.



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

    Thanks in advance for your replies.





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  • pappu
    02-08 07:52 AM
    Dear IV members,

    We have a very big media opportunity to have our voices heard. A high profile reporter is writing a story with a slighly different angle by covering the immigration plight of our muslim members.

    IV does not ask or maintain data on religion/faith/ethinicity of our members and we do not differentiate members based on such criterias.

    However it is a need of this reporter and we wish to help in getting this story out in a major newspaper with immigration issues we are fighting for.

    If you have a compelling story and you are a muslim IV member, please contact me or Salil (raydhan@immigrationvoice.org) from IV core ASAP with your contact and a brief detail about your plight.



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  • billu
    10-25 06:13 PM
    A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.

    thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??





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  • cr52401
    02-13 03:19 PM
    Dear Friend,
    I filed 485 in June with eb3 . In December, I filed another I-140-EB2 with the same company. My attorney said she filed the second 140 with the request to upgrade my filed 485 from EB3 to EB2. Now with the new visa numbers my PD is current.
    What will happen to my case? Do they hold my file until they approve 140 with EB2 and then process the file or they move with the EB3?
    DO you think it is better to withdraw the second 140?

    Please let me know if any one of you has experience in this case. I have been waiting 6 years for this day and now....

    Thanks.



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  • fatboysam
    09-20 01:51 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks





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  • hibworker
    09-15 03:13 PM
    Its a typo... they copy - pasted EB3-C dates.



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  • beavis
    08-10 08:02 PM
    We have the same situation. I am the primary and got my GC last July. Spouse still does not have it. We have a PD of Sep 2005 and 485 RD of Sep 2005. No idea what is happening. We also have contacted our Congressman, Senator, and done Infopass and SR. Our case was originally filed at VSC, transferred to TSC and is now at a "USCIS Office"





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  • same_old_guy
    07-09 07:42 PM
    Both
    http://www.aila.org/
    and
    http://www.murthy.com/

    confirm that AILF needs more Plaintiffs !





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  • MrWaitingGC
    12-08 07:56 PM
    I suggest dont change till you get your GC.

    If you end in Name verification loop you will be furthur retrogressed on top of this retrogression.





    Tranter
    08-06 02:46 PM
    good





    WeShallOvercome
    07-23 03:53 PM
    Gurus,

    My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.

    Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?

    Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?

    The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"

    Any one?



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  • LondonTown
    06-19 01:04 PM
    Hi
    My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
    Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
    If there is a problem in stamping can i return on the old visa stamp.
    Thanks
    ANAND

    I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
    Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.





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  • LostInGCProcess
    09-02 10:53 AM
    ^^bump^^





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  • senk1s
    06-04 01:43 AM
    I dont know - but call uscis and ask - also you may take an infopass appointment and find out what to do in such cases

    If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)





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  • upuaut8
    08-21 11:11 AM
    Sorry, I got distracted with a couple other things. I'll look for the 3D creation I made. Thanks for the reminder



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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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  • ashwaghoshk
    07-27 10:00 PM
    I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
    My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.



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  • GCHope2011
    02-27 04:20 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.
    If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.

    Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.





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  • beautifulMind
    07-26 01:44 AM
    Has anyone requested premium processing of I-140 based on expiry of the sixth year of H1B. My 6th year H1B expires next month and I think I am eligible for premium processing.



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  • indianabacklog
    03-22 11:22 PM
    Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks

    My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.

    In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.

    The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.

    If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.

    There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.





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  • hmehta
    06-07 06:03 PM
    Unfortunately, nobody can predict this.



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  • anurakt
    01-15 09:19 PM
    Pack bags or continue with slavery :) :)





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  • number30
    05-15 10:51 AM
    Are they also getting new I-94 every time...:confused:

    I forgot that. they Do not need new I-94 every time. But I remember We were asked to put all Entry to Canada on I485 papers . I use to go Toranto Every week at that time.



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  • rameshk75
    02-14 06:52 PM
    Here is my suggestion:

    Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

    If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

    Hope this helps.

    If am in your situation, i will go with the above approach...





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  • ras
    06-30 06:28 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??

    Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.



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  • dskhabra
    04-02 01:12 PM
    I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.





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  • looivy
    05-15 01:07 PM
    I am looking for a cheap lawyer in Chicago area who will be willing to do basic paperwork for Canada immigration. Please suggest.



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  • ImmiUser
    12-01 03:04 PM
    Thanks for the response. Someone mentioned to me that you can not file two I-485If you file a new I-485 the the old one is revoked, is that true ?





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  • same_old_guy
    07-10 02:53 PM
    Where have you been ?!

    DOS issues in on 6th July and no one know why they did it ! As somene said, may be they have now learnt how to stich 2 html pages together !

    About legal implications, we dont know that yet. But we will once AILF class action suit will be over, won't we ?





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  • gcformeornot
    01-29 05:52 PM
    H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
    Since you haven't started working and assuming you haven't accepted the offer from the
    H1 sponsoring employer, YOU should be fine.

    Please take advise from your company attorney.

    you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.





    pani_6
    04-30 11:49 AM
    This site has been a hope for lot of us in dark tunnel..sometimes the only hope..From couple years now...
    Thank you immi-law for all you efforts...!:)

    Time for gratitude ...





    uma001
    11-20 07:06 PM
    OP sounds unrealistic



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  • bsnf
    02-18 08:04 PM
    Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
    I have a AP, used to have a Canadian visit visa which expired in Dec 2010.

    I have traveled on AP via Dubai using United and did not have a issue.

    I am traveling next weekend, I will appreciate your reply.





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  • nshantha
    08-31 10:09 AM
    Any suggestion please..





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  • Templarian
    10-31 11:34 AM
    Nice.


    That's amazing. I never met anyone who could bite through the skin of a pineapple.... really? :trout:





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  • eilsoe
    04-18 04:08 AM
    nice.. psychedelic :crazy:

    you forgot the price though ;)



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  • h1techSlave
    11-04 10:36 AM
    Largest proportion of Tennesseans wants illegals to leave the country (43%). Another 22% says, "such individuals should be allowed to stay in their jobs, but only as temporary guest workers ineligible for U.S. citizenship".

    Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".

    An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...

    More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)





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  • satishku_2000
    08-17 04:04 PM
    Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.

    Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.



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  • jonty_11
    05-14 11:08 AM
    Guys no response....Is immigration voice really cold now?





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  • ssdtm
    11-20 11:00 AM
    - If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)

    AND

    - Also maintain the current H1 (I will continue part time work here to get minimum wage)
    - Will continue my GC process with this co


    I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.



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  • JAFO
    04-15 11:06 PM
    Well, I finally got a hold of an actual human on the main USCIS number. They confirmed only that the office is open on Fridays for appointments. That means I am hitting the road to Milwaukee.
    Thanks for the help. I determined that the website has different info for ASC and what is called the Field Office. Unfortunately, it's not clear and led to my confusion. Hope it all works out. Thanks again. JAFO.





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  • karthkc
    03-17 05:02 PM
    i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.

    AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...

    If this is not true and there is a discussion on this forum clarifying that, I would like to know too...

    Anyone?

    Thanks!



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  • ~Kipper~
    04-17 08:49 AM
    its actullay found here on the site. if you look on home page its the image beside site of the week.

    i hope this aint breaking a rule :s





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  • satyasaich
    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)


    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.



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  • vallabhu
    08-26 11:36 AM
    Hi Guys,

    I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?





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  • Lopezc75
    09-26 10:42 AM
    I know one....email me if interested.



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  • mrdelhiite
    08-11 11:59 AM
    hello all,

    i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.

    i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.

    thanks
    -M:confused:





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  • Suva
    07-19 04:12 PM
    I have not received the receipt yet.



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    02-16 04:49 AM
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  • h1techSlave
    04-03 02:25 PM
    From the new letter: "The CIS isn�t approving adjustment of status cases at anything close to a rate sufficient to use up even a significant portion of the quota...".

    And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).

    Please take this post as a constructive criticism.





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  • karthkc
    03-17 05:02 PM
    i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.

    AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...

    If this is not true and there is a discussion on this forum clarifying that, I would like to know too...

    Anyone?

    Thanks!





    mariner5555
    05-27 04:02 PM
    Hi All

    I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
    SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number

    Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number

    Thanks in Advance...
    if you efile ..you will end up paying $340 again. when is yr EAD expiring and why did you wait so long ?? if you think the lawyer filled everything correctly then I would say wait for a week (consult yr lawyer too) !!





    p7810456
    06-18 08:10 AM
    I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
    Thx

    BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.



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