lunes, 4 de julio de 2011

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  • waitin_toolong
    02-08 08:29 AM
    first of all EAD is not a status just a work authorization.

    If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.

    If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.

    You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.

    If you have not completed 6 years on H1 you will not be subjected to cap




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  • kirupa
    03-05 03:38 AM
    Added!




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  • smisachu
    08-22 04:09 PM
    [URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]

    Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.




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  • bobbo0722
    08-06 11:51 AM
    excellent! :hugegrin:



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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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  • LookingForGC
    07-09 12:59 PM
    Hello everyone, i have a good news to share that i just checked my case and it shows "Card production ordered". I guess it means my 485 has been approved.

    Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!

    Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.

    As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.

    I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.

    Thanks once again for all you guys help, and inputs. Great!



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  • AirWaterandGC
    06-07 09:51 AM
    Thanks a lot, tikka.

    hope this helps:
    http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th

    maybe you can refer to that thread and close this one?

    thank you




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  • bugsbunny
    05-17 01:24 PM
    Hi,

    I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?

    Thanks,

    KEDoubt

    You can extend your F1 status under "cap-gap" relief

    USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Here is an extract but please read the entire document carefully from the above link

    Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
    A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.

    If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.



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  • senk1s
    09-14 11:48 AM
    fromnaija:
    where did you read about this? would you point me to the source?

    I always thought that till a decision has been made, you can work on a H1 renewal/ transfer




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  • hemya
    02-12 02:25 PM
    Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing

    However please check with your lawyer since the above is only my understanding

    Good luck



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  • MYGC2008
    03-04 01:46 PM
    I recently applied for I-131 at TSC and got the receipts.

    I wanted to check the online status but it is not showing.




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  • mrana
    01-13 08:20 PM
    Hi ,

    I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.

    Thanks a lot,
    Tarun



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  • fromnaija
    09-14 11:42 AM
    I think you can only work for 240 days on a pending H1 extension application. If your application is not approved in 240 days you may be out of status. Please talk to your attorney to confirm this.

    On pending H1 extention there is no limit for how long you can keep working.




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  • rockstart
    10-06 11:35 AM
    Employer needs to stop smoking weed and concentrate on work. Jokes apart there was no such proposal ever in pipeline so there is no way anything like this ever was approved. 6 year limit on H1 is a law that cannot be changed by admin process. It needs to pass house & senate. Also 6 year limit makes lot of people go back to home countries and uncle sam can consume their SS & Medicare taxes.



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  • nirmal301
    03-26 07:13 PM
    Hi zeusjerry,

    Thanks for your reply. :)

    No, I am not planning for GC now but might apply for E3 visa in future so just want to keep all my visa in same passport.
    1. Do you know any process of H1 stamp transfer on different new citizenship passport.
    2. Is there's any wages difference between H1 & E3 ? Because I have heard while you are on H1 agents will take atleast 30% commission from your salary.

    Regards,
    Nirms




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  • anilsal
    12-20 12:10 PM
    If you have the LIN number, you can register here:
    https://egov.immigration.gov/cris/jsps/index.jsp

    This will tell you whether the last status was approval, RFE, denial etc. So based on the status, you can know what the letter was really for.



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  • mrE
    07-30 01:49 AM
    my fave of the orange contest. good luck.




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  • GC_hope_2006
    08-08 04:55 PM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.




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  • bestofall
    03-14 08:57 PM
    You deserve good Appreciation from rest of the members for taking the lead, I Wish you success

    Go IV !




    bkarnik
    11-07 11:57 AM
    Any members in Iowa, please post here.




    reachinus
    08-14 01:26 PM
    You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.

    -------------------------
    If my answer is of help to you please consider contributing to IV so that we can continue our service.



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  • snathan
    09-01 05:25 PM
    Gurus,

    I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.

    I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.

    Thanks.

    Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.




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  • GCchaos
    10-23 09:27 AM
    Hi everyone,

    I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
    Please reply.
    Thanks a lot.




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  • tabletpc
    03-27 03:54 PM
    No stages ..only worries and surprises...!!!!




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  • GC_LOOKIN
    12-11 09:56 PM
    there is another LUD on my 485 today, continuosly from the last 4 working days Dec6th,7th,10th and today(11th)..not sure what's going on...:confused:



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  • jdshah
    08-04 11:55 PM
    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.




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  • sunny1000
    11-26 07:16 PM
    I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?

    Please call USCIS or better yet, take an infopass appointment.



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  • Jaime
    09-12 02:59 PM
    http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560

    Thanks




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  • nomi
    04-19 11:08 AM
    I will request to sysadmin or IV to start some Poll covering all dates according to Visa Bulletin for EB2 and EB3 for world, India and china. This poll will help everyone to see how many people are in waiting in lines and what can be expected upcoming months ....this poll will not be pin point but will give info little close to reality... Just a thought.



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  • va007
    05-05 08:02 PM
    Thanks, I am looking for Sr. Business Analyst job.




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  • finimits
    04-24 09:09 PM
    Hello,

    I would appreciate any help on the below matter. Thanks in advance!

    My information:
    ----------------------
    Priority Data: March 2008
    I-140 approved
    About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011)

    My Questions
    ----------------------
    If I move to another company as soon as my 3 year H1B extension comes through and they start my GC process again, what do I have to be careful about regarding
    1. Is this even possible?
    2. Will the H1B keep getting extended after I switch employers.
    3. Can I keep my PD?
    4. If the new company is in a slightly different field but my job remains similar, does that matter?
    5. What happens if after I transfer, my current employer revokes my i-140? Does that matter since my new employer will restart my GC process anyway? (Also, do i get to keep my PD in this case?)

    Thank you very much!



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  • fide_champ
    03-01 03:20 PM
    Is an employee who resigns entitled to relocation expenses like the employee who is laid off?

    Relocation to india? then yes. Relocation to other places in US? then it's a no.




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  • mr_aryan
    10-19 02:31 PM
    Thanks all you for the time in sharing the info.
    Usually Airlines ground staff provide the wheel chair assistance(some r good & some not).
    I was concerned about them getting out during stopover in London & Immmigration /Customs, Baggaige claim & taking TRAIN in ATL airport .



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  • eyezberg
    08-21 07:12 AM
    where's the examples then? i'd love to see some good stuff
    joe




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  • rvr_jcop
    04-29 01:42 PM
    I think it means , can enter country with H1B visa stamped before entering, if Advance parole is not there

    What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?



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  • Jimi_Hendrix
    12-14 12:26 PM
    Why do you say that we would be shut out from any assistance from these agencies after the Nuclear deal goes through?




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  • fide_champ
    09-15 03:59 PM
    Hi,
    I-485 filed in july 2007. I-140 cleared in 2005.
    We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
    But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
    How do we proceed with this? Do we have to file labor again?
    Any suggestions would be really appreciated.

    how medical treatment is related to EB2? All you need is a good insurance.



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  • pmat
    07-14 02:36 PM
    Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.

    Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.




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  • gctoolong
    12-06 08:39 AM
    I am starting a new thread for guys from india with pd 2006 eb3...please do share your updates and thoughts......

    pd feb 2006 eb3 india
    i-140 nov 2006
    i-140 approval june 2007
    i-485 filed august 13th 2007
    rd october 9 2007
    ead approval oct 15th
    ap approval oct 17th
    finger printing code3 nov 21st
    name check,security clearance and background checks completed october

    guys nobody with 2006 pd eb3 from any retrogressed countries?come on!!!!!!!




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  • gcformeornot
    03-24 10:04 AM
    Check attachment.




    Blog Feeds
    12-20 08:00 AM
    On Saturday morning, the Senate failed to advance the DREAM Act (H.R. 5281) on a vote of 55-41. Sixty votes were needed to move the bill forward procedurally and stop any filibuster. With that loss, the fight for the DREAM Act is over, at least for this Congress. Below is a summary of Greg Chen's report of this vote.

    The vote tally in support of DREAM included three Republicans who crossed the aisle to join 50 Democrats and 2 Independents. Those three Rs were: Richard Lugar (IN) and Robert Bennett (UT) who had come out in support long ago and Lisa Murkowski (AK) who started signaling this week that she would vote �yes�. With their yes votes, DREAM maintained its status as a bi-partisan bill back nine years to when it was first introduced with seven Republican co-sponsors. Today, long-time DREAM champion Orrin Hatch (R-UT) failed even to show for the bill he originally sponsored in August 2001.

    Unfortunately the gain of three Republicans today was not enough to make up the difference. Combined there are 58 Democrats and Independents in the Senate, and there are 42 Republicans. If all the Ds and Is voted in favor, only two Rs would have been needed to reach 60. But today 5 Democrats voted against DREAM: Baucus (MT); Hagan (NC); Nelson (NE); Pryor (AR); and Tester (MT). And one Democrat, newly elected Joe Manchin (WV) failed to show. To win on �cloture� 60 votes were needed no matter how many actually voted. Thus, a no-show counted as a �no� vote.

    As the 111th Congress comes to its sputtering halt, at least on immigration, the question many are asking is whether there will be a real opportunity to bring up DREAM in the 112th. Looking forward, we face at least two enormous legislative challenges: First, the House will shift to Republican control with 242 Rs and 193 Ds. Last week the House passed DREAM on a 218-198 vote�you can bet your house we won�t muster a strong showing like that, let alone a majority, when the new session starts. Second, in the Senate, the Democrats will still have the majority but their margin of control will be 53-47 so getting the �yes� votes will also be harder in that chamber.

    For many of us the source of continued inspiration has been to see all the DREAM activists walking the halls of the capitol and showing tremendous courage when they are the ones who have everything at risk. Let's keep a positive spirit for the future as the fight is not over yet.




    More... (http://www.visalawyerblog.com/2010/12/senate_fails_to_pass_dream_act.html)




    kumarc123
    08-26 10:19 AM
    Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.

    Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
    I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.

    Good Luck



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  • Antonio Trivelin
    October 4th, 2006, 06:31 AM
    #1 is really a nice shot Antonio. Good lighting, shadows and balance. I am also impressed with your concert photography pictures at your website. BRAVO!
    Bill

    Bill, thank you so much for the comments and visit my site :D

    Best regards

    Antonio

    EB3 to EB2 after job change on EAD [Archive] - Immigration Voice

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  • gcformeornot
    08-06 03:14 PM
    its common belief that you need to work for 6 months.

    There is no immediate problem if you don't but looks bad on citizenship time.
    IO looks suspiciously at N-400 stage

    Things you mentioned are not in you control so it would be OK. But if you leave on your own then may be a problem....




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  • GotGC??
    02-25 08:30 PM
    Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485




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  • sinemkeceli
    01-26 08:39 PM
    can you please let me know what is the meaning of oas ? and do you suggest me to do in order to continue my process in the legal way.

    thank you so much



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  • amitga
    11-24 01:17 PM
    I would suggest your friend from this company who his trying to fool him even before starting the process.

    H1b Can be filed anyday and you friend can start as soon as the H1 gets approved.




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  • EB2_Jun03_dude
    04-22 01:07 PM
    very funny yabadaba!

    My understanding of a soft LUD is that your case was accessed for something... but since my PD/RD is current, I was wondering if others in the same boat have any recent soft LUDs ?



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  • yestogc
    05-04 08:48 PM
    YES return flight for whole family is employers responsibility ................. of course not by business class.




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  • immidude
    06-08 04:36 PM
    I am July filer got 485 RFE
    seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
    - well this is going to cost me

    My question(s)
    i changed job(and company) do i need to send AC21 along with RFE response.
    and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
    if yes do i still need USCIS doctor to submit these medical records.



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  • GCisLottery
    06-19 01:53 PM
    Warning: Personal opinion.

    Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.

    The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
    Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
    The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.




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  • shruthi07
    06-04 10:47 AM
    .



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  • waitingforead
    09-03 07:51 PM
    Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.

    My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.

    Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.

    Any help would be appreciated.




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  • a2k2
    01-12 03:34 PM
    When I went for interview beginning of this month I was asked for paystubs. Since I had them ready for all of 2009 I just handed it to them.



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  • chanduv23
    06-14 11:19 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.

    After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.

    Do send your story to IV as IV ios collecting such stories




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  • f1vlad
    03-27 07:20 AM
    Thanks, yeah I am looking to use EAD.



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  • eastindia
    10-14 03:51 PM
    Cornell Chronicle: Tata trust gives $50 million to Cornell (http://www.news.cornell.edu/stories/oct08/tataGift.html)

    $50 million endowment from Tata trust bolsters Cornell ties to India, and to eminent alumnus




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  • GCmuddu_H1BVaddu
    05-23 09:01 PM
    Terito


    How come MS + 2 = BS + 7...?



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  • aph0025
    02-08 10:13 AM
    Hi,
    My wife is stuck in Bangalore right now, as she was give a 221(g) pink slip on the 16th of Jan, 08. She's actually at school, with about 7-8 months left for graduation. She's getting a Phd in Molecular Biology. Spring semester has already begun, and she's missing a lot of research, and teaching.

    When is a good time to contact the consulate? Many 221(g) cases even after her interview date have been cleared. I wonder what the hold up is.

    Also, can you please elaborate on the PIMS and Security Clearance issue?




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  • prioritydate
    08-21 09:37 PM
    First time a post made absolutely no sense to me!:eek:

    Heeeeeeeeeeeee




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  • sintax321
    10-22 02:40 AM
    Thanks guys. I just sat down and started trowing things on the canvas. It all came together by accedent. I still have some other little stuff to add to it.

    I know it is kind of old school to use radial blurs and scan lines but the look so cool.

    I'm humbled by yuor comments thank you:goatee:




    puddonhead
    02-28 02:08 PM
    Changing from L1 to H1 has nothing to do with your GC process.

    Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.

    I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.

    Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.




    NikNikon
    March 24th, 2007, 12:09 AM
    Can you customize you order? If so check into the 18-200mm VR, I like mine. Also my Digital Camera Shopper I'm looking at right now has a review that sums it by saying "it's quite possibly the only lens you'd ever need".