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02-17 12:39 AM

Hi,

My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
Is there any chance I do not get H1 approval (even after 31st March)...

regards...

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RollingStone12

04-25 10:57 PM

hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.

Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?

Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.

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jthomas

10-18 10:32 PM

Any tips on getting interview dates through VFS?

Second question :- I had applied for I-485 and has EAD as well as AP. Should i go for H1B stamping?

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shan74

01-11 08:41 PM

i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."


Let me know if i am wrong

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chintu25

12-13 03:18 PM

BUMP AGAIN

Guys u do not need to disclose the new members name or anything . Just mention the handle of the person . All IVians will whole heartedly welcome the new members


just say I GOT (Put handle here)

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raysaikat

11-18 12:57 PM

I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?

Yes. They are independent.

I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.

H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?

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f1vlad

03-27 07:20 AM

Thanks, yeah I am looking to use EAD.

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pawelw

07-05 12:42 PM

Thanks for your replies.
Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).

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aworker

02-09 03:12 PM

Hi ,

I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll

1. Which location i need to mentioned as primary ,home or where company located.
2. Which state should the payroll runs where i live or where my seat is located.

I will appreciate the help ...

Thanks,
AS

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chanduv23

09-25 09:53 AM

If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature

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sona75

07-29 08:09 AM

Thanks so much noida123 for your reply. Really helps.
Can you tell me how to get obtain a Special Waiver?are you working in Federal worksite?
because i am in Federal worksite.

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chanduv23

07-27 11:07 AM

LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.

By then, US GC will become easy and everyone will run towards Canada

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Bytes4Lunch

08-17 11:07 AM

What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?

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factoryman

06-30 02:43 PM

250 words in the body of the thread. It can't be one liners.

That will explain why and what A thread is for. Otherwise, members will be scatching their heads and will show no further interest.

Guys,

since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit

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amslonewolf

05-06 03:59 PM

Check the I-140 tracker at ..

while you are there post your details to the priority retrogression tracker

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rsymonds

08-04 06:36 PM

Hi,

Here is my current Status :

I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011

My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)

MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?

Please let me know. I do not want to take a wrong step since I am so close to getting my GC.

RS

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ilikekilo

07-02 08:50 AM

if u were you get in touch with a lawyer and see ur options...i wouldnt wait anymore

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desanar

04-07 10:08 AM

If you are reading this post, please share your experience or experience of others you have heard.

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zCool

04-02 02:47 PM

Either that or get another AP.

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vikasgarg24

07-12 10:09 AM

I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them

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go_guy123

08-16 01:05 PM

Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law �€“ Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)

From Murthy law firm.

MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)

This will be a major blow for the IT consulting business model.

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krishna

06-30 03:06 PM

Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.

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waitnwatch

08-27 06:03 PM

It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).

I'm not a legal person, please verify from an attorney

Where did you find this on Murthy. I ask this because I have a similar but slightly different situation where I have an EB-1 140 pending and I concurrently filed an EB-2 NIW. If the EB-1 140 comes through by chance I would like the already filed I-485 to be attached to the EB-1 at that point.

I have been looking for an answer to this question but haven't found a satisfactory answer anywhere.

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boreal

08-18 03:52 PM

Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.

Yep, these associations have alumni on their mailing list too and thats how we can reach ppl stuck with retrogression. I know coz that association at my school, MSU maintains such a list too...

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snathan

05-19 04:41 PM

Hi,

My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?

Pls help.

Thanks!

Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal

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mannubhai

05-19 11:14 PM

Hi,
I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

I need your help and how can I make sure as I do not want to lose my job.

Thank you,
John

I think you will need a Visa.
I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.

Other members - please let us know if you are better informed.

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GCeffect

11-13 07:51 PM

Hi there:
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.

She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.

In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?

There are only 15 days left in her passport; is that okay to apply for the extension?

i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.


My wife and my current status: i-485 pending for last 2.5 years.

Thanks ahead

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gapala

07-16 01:11 PM

You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.

Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.

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crazyghoda

01-22 11:39 AM

This is for EB5 .....but doesnt it require you to employ a minimum of 10 people?

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natrajs

04-02 01:52 PM

I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?

If Everything set and once Your PD becomes current, Then you will hit the Lotto.

Hope the Best

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fromnaija

10-18 11:03 AM

Hi,

I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.

-gg_ny

You can change from AOS to Consular Processing. It's the other way around that's not possible. I wish your parents a speed recovery of their health.

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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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GCVivek

04-11 04:55 PM

You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
I went from programmer to VP of Tech and nothing happened.

I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.

Question:
Do i need to file for new h1-b or transfer?

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kaisersose

07-17 09:35 PM

Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.

However, as long as you have a solid case, there is nothing to worry.

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sundeep14

07-14 04:56 PM

Thanks for quick responses..my worry is that USCIS should not put my 485 case in storage just thinkin that my 140 is not approved...though i have the approval in hand they have the online status as processin..i wonder how they follow procedure while approvin case...

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guy03062

12-08 08:07 PM

I think we're looking for Jan '09 bulletin ;)

India:

EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001

http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html

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singhsa3

02-09 08:30 PM

My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.

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Marphad

08-03 01:13 PM

Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...

More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)

Its really a shame that corruption is attached with immigration too. But its everywhere!

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pcs

01-25 09:38 PM

Dear IV Friend & Your better half,

IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.

Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.

Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)

I would request both of you to spread good word about IV & get us some active members & that will be great.

We are trying to POWER OF NUMBERS !!!!!!!!!!!

So cheer up & get active


Best wishes

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snathan

08-18 11:24 PM

Thanks.

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CRAZYMONK

04-26 08:41 AM

When you applied for the second time in New Delhi, did they hold your passport?

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perm2gc

06-28 09:54 AM

Unless the first company cancels their H1B
they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.

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10-04 09:09 PM

We went there today, got done in 15 mins. Lots of parking space outside the office.

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cooler

08-17 10:36 AM

My PD is Nov 24th 2005. EB2- India. Filed @NSC
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.

I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.

I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.

Has anyone got slapped on the hand for not following this?

I have also sought help from my senator, however no useful information has come out of it.

Are their any other options available?

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pappu

08-23 11:00 AM

please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
---
Please tell all your friends too.

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vvenkat007

05-12 10:50 AM

Thanks for the info. Its very useful.

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eswaraprasad73

02-07 03:25 PM

Thanks for the information

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coolman775

07-23 01:35 PM

Have you received finger print requests?
yes I did for the I-485 after one or two month since I got my recipt number ...

Is your PD current?
I don't know what is PD stands for !...

Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...

and what is the IV ?

THank you soooo much in adance for all the informatioin.

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HawaldarNaik

12-10 11:04 PM

EB2
Priority Date- Aug-2005
Got EAD renewal for 2 years

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DDash

02-12 12:26 PM

Thanks for the link GC_ASP.

Health insurance is a daunting concern, esp. in times like this. One suggestion is to think about High deductible HSA plan. This plan will work best for People who are healthy and have no health issues, but want to cover for the unexpected emergencies.

For example, I opted for 0/1500 plan through Kaiser Permenante. This plan will allow you to roll over the extra $s into next year and from next year to the next, etc. You will build an account (and I think can invest the money to grow it further). You can use the funds from the account that you built over the years to pay for future expenses. But the catch is, they will pay for your claims only after you spend the first 1500/Yr. Basically, this is an option to control how you want to spend for your medical expense.

Like I said its good for healthy adults. For children this may not work, because they might need more medical care than healthy adults.

Cheers!


Go to www.ehealthinsurance.com ,

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GoGetGC

02-19 09:49 AM

Hello,

My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.

I have to visit my home country in May 10 and i wanted to go with my new h1b documents.

Can you please suggest if i can file now or is there really a timeframe before we file?

Sorry forgot to mention, I have approved I140.

Thanks for your time and suggestion!

GoGetGC

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sanjose16

02-26 01:22 PM

Thanks fromnaija for quick reply..

I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...

Based on you reply,

all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...

If it cannot be done,

then I should pray that her H4 extension gets approved first......

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terpac

02-01 03:59 PM

Hi All,

I just received an RFE for my I140 which says:

-----------------------------------------------------
The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.

Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.

The job offered is for a software enigineer.

You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
-----------------------------------------------------

How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?

Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...

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drirshad

06-30 02:52 PM

Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....

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alucard666

08-11 05:20 PM

She has hired an accountant to do the taxes at the end of the year and a contractor who manages a web site, keeps the paperwork and provides the services. She has not hired anyone full time since it is a very small operation with approx. $500 in income per month.

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eb3retro

11-04 07:21 PM

my spouse AP was approved last friday also from NSC and we recd the document just yesterday.

Hello,
Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.

Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.

thanks!!!

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04-19 01:16 AM

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ChainReaction

02-19 11:02 AM

As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.

Thanks for the reply

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alterego

08-04 07:50 PM

I'm not sure, but it does not sound like something positive. The only positive might be that they are looking at your file instead of putting it in some warehouse somewhere. I came across this thread where people were discussing this issue last year. You might want to take a look, there apparently were a variety of guesses for this. However it might be some sort of internal check/audit.
http://boards.immigrationportal.com/showthread.php?t=258791

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kewlchap

11-07 11:21 PM

Folks,

I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.

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hairstyles My (lowbie) Blood Elf hunter

70 Male Blood Elf Hunter

paskal

10-02 05:39 PM

Hi Guys,

Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...

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beautifulMind

11-20 12:56 PM

But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company

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madhu

05-20 04:37 PM

Hi,

I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09

Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)


Any thoughts in this gurus !

See the spreadsheet for details

thx
mr

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