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Ramba

10-27 05:11 PM

Hi,

I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

1. Is it Mandatory to file AC21? No

2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.

3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....

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irukandji

03-24 03:03 PM

there is a little logic involved here. what if you changed the jobs between your AC21 and latest NOID. I think CIS just wants to make sure you are still hired by issuing a NOID even though they looked into AC21.

BTW I had the same situation and I had to respond to NOID with the same emp letter.

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godblessamerica_2009

02-16 02:08 PM

I am filing my 485, EAD and AP in EB2 ROW this week, and my labor priority date is Jan 26, 2008.

How the 485 approval process works. ??

How long it takes to get it approved ?

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prem_goel

07-26 12:56 PM

I just e-filed my EAD application. Unfortunately, right after I made the payment thorugh Credit Card and it generated the PDF receipt, I noticed that my country of Citizenship/Nationality is entered as USA, instead of INDIA. Everything else on the form is correct.

Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?

Please advise guys,
Thanks

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neeidd

07-08 07:31 PM

Could some one please clarify?

My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!

Thanks

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4yourforGC

03-20 01:12 PM

thanks fittan, actually the salary will be much lower, about 30K - 40K lower. is there any problem?

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nixstor

03-12 04:13 PM

roseball,

Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).

What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.

I will talk to a lawyer and let you know what kind of response I will get.

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camphor

12-07 09:38 PM

My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?

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desitechie

01-16 10:07 PM

Hi,

I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?

As per my job requirement details, it is as below:

i ) Bachelor degree in technology related field.

In the detailed experience seeked, it says as below:

i) Five years of experience with installing, maintaining servers.
ii) Three years of practical experience in routing and network security.

I have more than 5 years of working experience (which they seeked) before I started this job.

Under which category will it fall under, EB2 or EB3 ?

Thank you

Looks EB2 to me.

Is it the biggest networking firm which has the prominent law firm thats sponsoring?

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ssdtm

12-12 08:43 PM

Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.

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mygc2006

05-28 11:02 AM

thanks Wandmaker!

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supercomp

01-26 01:04 AM

I am asking this question for relative of mine. I wanted to get some honest opinions.

My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.

After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.

He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.

Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).

Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.

What are his option if he wants to stay LEGALLY in US?

Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.

I would also appreciate attorney's input.

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LookingForGC

07-09 01:12 PM

Thank You! It helps.

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rabbitboy33

03-08 07:11 AM

Can the lawyer ask for the missing form; and will it have to be done by the USCIS at the I-140 stage? I was under the impression that only the USCIS can do this?

Thanks. I appreciate all your responses. They have been very useful.

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asiulek

09-12 07:33 PM

I did work on J1 part time 19 hours a week on campus while I was a student but I did not mention it.
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...

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vrbest

12-16 08:49 AM

This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues


You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.

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pinganand

07-04 10:35 PM

Hi,

My spouse (Indian citizen) has received an RFE for her derivative I485 application.

Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.

The RFE states:

"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".

We now plan to submit the following:

1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.

Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?

2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.

Will that count as sufficient "registration with civil authority"?

I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.

thanks!
Anand

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fiestagirl

05-28 08:16 PM

Dealsnet:
From the information I can gather, all medical professionals say that the tetanus vaccination is safe. However I am hugely opposed to vaccinations ever since I had a hideous reaction to a flu shot, but I'm opposed to vaccines especially in pregnancy and USCIS will not accept me not having the tetanus vaccine. Our immigration doctor said I have no choice. I also don't like the mercury and formaldehyde that they put in vaccines and the fact they say it "won't hurt" my baby doesn't go well with me at all. It's interesting how the medical community says "sure, have the shot" yet people in other forums that I've seen say "don't do it!!"

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lelica32

07-31 08:17 AM

Hi,

I have a question an experts:

Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.

Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??

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hebron

07-27 07:00 AM

Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.

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mn1975

08-19 12:49 PM

thanks for the reply

just one question: Do i need liability insurance if i work for a person who has contract with the client?

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Canadian_Dream

04-05 02:47 PM

I have sent an email to Franklin.

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omved

08-14 01:07 PM

Computer would not let officer open SR if your application is well within processing time. So I am not sure, how your SR was opened. Wait for your time to come and your GC would be approved.

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gcgonewild

02-13 05:38 PM

My colleague's spouse was detained and questioned for 2 hours at EWR.

If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.

This is getting way too far..

If they have a beef with H1s, they should take it with H1s.

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nirmal301

03-26 11:03 PM

Hi,

Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.

You will find many scams to take H1 fees and never return your money back.

But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.

Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.

I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.



Regards,
Nirms

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rb_248

01-31 08:28 PM

don't waste your time predicting.

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black_logs

04-04 03:25 PM

We have in our contract with our strategic counsel that no part of our payment to them, will go to any political fundraisers. This issue was ironed before we even started asking for money. We could not have risked our careers. Our Contributers are also very smart as you are so they made sure they are doing everything withing the boundries of law, as you're doing. It is appreciable!!!

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indianabacklog

10-19 01:59 PM

Anybody??:(

You can request assistance from the airline. My elderly mother travels alone twice a year to visit me and the respective airline are always more than helpful, meeting her off the plane and making sure she knows which gate to go to etc.

On a funny note she was most offended that they felt a wheelchair was appropriate and insisted that is only for old people. She is 77.

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go_guy123

12-16 07:24 PM

Here is my h1b status:

1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.

Now question, it means my H1B visa valid until Aug 2011?

Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.

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sw33t

07-30 10:24 AM

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intelarv

07-29 02:52 PM

Hi,

This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.

If some one has the format currently required by USCIS, please post it.

Thanks

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90210

03-28 05:29 PM

COme on people, someone answer. :confused:

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kannan

11-17 03:26 PM

I do not have anything,It was applied by my previous employer, and we do not have good terms.

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martinvisalaw

02-01 01:51 PM

If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.

You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.

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arunoman

09-06 04:28 PM

Am in a strange situation

I filed I-140 and I-485 together in Aug 2007. I got I-140 receipt waiting for I-485 receipt.

I-140 - Status - Pending

Can I work in UK or Canada for some time?

Kindly advice.

Thanks in Advance

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idark

06-24 07:05 AM

Halfdog
It really doesnt fit in anywhere lol - But I can experiment a bit see what I can come up with. Can I resubmit my entry?

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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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venky08

06-13 11:00 PM

As usual to complicate decision making.... :mad:

Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.

I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!

Should I just stick on to my current job and ride it out for 6 months to get EAD?

When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?


A bird in the hand is better than two in the bush...rest is upto you...

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rayoflight

05-08 12:40 PM

Friendly Reminder about DC/MD/VA Chapter Meeting

DC/MD/VA Chapter Meeting

Date: 05/09/2009
Time: 3PM - 5PM

Location: Conference room at Tysons Pimmit Library

Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088

Thank You,
Rayoflight

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11-04 10:36 PM

sent mails to 100+ WI members for meeting.

---

immi_enthu

08-10 06:38 PM

why the delay even in saying to wait for 90 days ?

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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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same_old_guy

12-07 01:28 PM

Dont waste your time for FOIA. You will never got it. I have personally applied for FOIA one and half year back and yet to see any response. I really doubt I will ever get a copy of I-140.
In fact I have not seen or heard of anyone getting I-140 copy based on FOIA. Everyone just said they applied or should get the copy someday; that's it. May be you should just go ahead and apply anyway. It has to negative effect but do not plan anything based on it. For example, you will change job after you get the copy or something like that than you will be waiting forever.





Hi guys,

Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.

Or should we wait until the processing dates cross our reciept dates ?

Anyone who did this successfully, pls enlighten the members.

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smuggymba

09-27 03:39 PM

I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

Many thanks!

you abandon your app if you leave the country AFAIK.

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snathan

08-19 06:47 PM

Hello Guys,
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario

1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?

2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?

Your replies are greatly appreicated and thanks for your time


1. You can not use the experience you gained in this present job.
2. Not sure if you need to start new PERM since you are with the same company

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onemorecame

01-02 10:46 AM

H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.


PIMS???

I got Soft LUD on all H1 and i-140 few weeks back. and last week i got Soft LUD I-485 its sec soft LUD on I-485

Please let me know why second time its happen and what is PIMS?

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lkapildev

04-14 12:02 PM

I got the email today, per email card production ordered on April 12th 2008.

Filing dates as follows:
485 filing date July 27 2007:
485 Notice date Sept 26 2007
I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
Best of luck for you all!!

Wish you a happy indian new year.

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indigo10

10-14 01:35 AM

My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?

The new employer needs to apply new labor and I-140. However, You can keep your priority date based on your previously approved I-140.
In short, Your place in line is not changed but the process must start from beginning.

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nychyd

01-05 06:01 PM

My H1B was filled 4 years back, with 20k less than what I am making now...so as long as i making whatever i filed in H1, I should be fine..right ?

Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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viper673

07-24 02:55 PM

PD has nothing to do with EAD processing. They're not linked.

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humsuplou

11-16 06:29 PM

My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.

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pappu

02-27 01:35 PM

welcome new member naveenarjun ! Dont count on it, else you will be disappointed every month. Only an Immigration bill can help us.

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acecupid

06-26 09:42 AM

Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.

Maybe you are about to get your GC ;) Dude, chill out and relax... dont be so anxious over a soft LUD. It will only affect your health adversely being overly stressed out over LUDs and GC.

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06-14 09:05 PM

oh but that's half the point! i don't wanna hide it, i wanna expose it! :)

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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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fromnaija

04-29 05:13 PM

"Oversight" is correct as Visa Office was responding to House Committee that has oversight function for immigration.

I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)

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raj1998

10-26 11:31 AM

I filed for 485 went to India came back to USA. I didn't have any 485 receipts with me.
Had no issues what so ever, in fact I was not asked anything about 485 application. After coming back went for finger printing , that means my application is still in process.

Important Note :- During this period I had valid H1b stamp on my passport.

Raj

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dan19

10-04 11:19 PM

You can do it anywhere. I got my F1-H1 change of status stamping from Canada.


For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?

I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!

Thanks
Roshni

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07-12 11:55 AM

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andy garcia

07-20 04:03 PM

hi:

PD 2001..got labor certfied online on June28 2007

I have been waiting for the hard copy..so my Hr called Dol and asked whether they have mailed. The Dol officer sent the Cover letter by email (first page of whole approved package) to company HR showing the certification . She also told HR that cover letter was enough for I140 filing.

Is it true? Please let me know.

DB

It is not true.

This is printed in the I-140 instructions(page 3):

General Evidence.
Labor certification. Petitions for certain classifications must be filed with a certification from the U.S. Department of Labor.

Copies.

If these instructions state that a copy of a document may be filed with this petition and you choose to send us the original, we may keep that original for our records. Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original.

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eb3retro

06-18 03:41 PM

Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.

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kevnss

03-21 01:57 PM

You can always file under EB2 once your I-140 in EB3 is approved. Even thats what I did. I had masters with 5yr exp before joining in this company but some how attorney filed under EB3 which I noticed when I was filing for I-140 under EB3. So we waited till my I-140 gets approved and refiled again after filed for I-485. Now my labot got approved under EB2 and filed for I-140. Hope this helps.

I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..


I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.

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cr52401

03-02 09:29 PM

It really help if you are close to end of the time. I got it in 2 weeks.

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