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  • mrsr
    05-19 11:22 PM
    No friend i am planning to do next week

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  • immi_grant
    06-25 06:47 AM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

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  • ravi.shah
    02-07 10:44 AM
    Thanks for the update !
    I am watching this... looks pretty interesting :)

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  • raysaikat
    05-25 01:50 PM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?

    Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?

    Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.


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  • andy garcia
    07-18 10:08 AM
    Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.

    Has anyone done that?
    Is it easy to do that?

    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)

    I already did it for wife, son and myself.

    Saved about 1500$

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  • nrakkati
    08-15 01:52 PM
    was it send to nebraska or texas ?



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  • chakalov
    09-19 07:40 PM
    here is the deal:
    if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.

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  • Aah_GC
    07-25 03:00 PM
    It depends on what is being asked for. Try to tell your employer that you might need an EVL (Employer Verification letter) that basically puts your start date, responsibilities and has HR Contact information.

    Make sure you keep the paystubs of your previous employer through the 180 days of your 485 app pending. Get a releiving letter and try to be on good terms with your ex. It helps.


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  • freddy22
    07-20 07:24 AM
    my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?

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  • bazuka6
    10-20 09:14 PM
    I seriously think IV should take specific instances of past delays due to FBI checks and USCIS delays and highlight these.. A letter campaign supporting Mayorkas should be sent to senatiors.

    Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays


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  • ashwinicool67
    04-29 12:30 PM
    Well, the fear I have is that prior to my AOS being filed , I was not paid for 5-6 months in the initial few months of start of H1. And I am not sure if thats considered out of status (bench period). So if during H1 extension this thing comes up I am worried that my AOS will get affected by this. I have read at least one case where they asked during I-485 this information.

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  • spouse485
    01-10 04:39 PM
    Guys please help me with below questions.

    Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?

    Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?

    Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?

    I appreciate your advice


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  • RayP
    12-08 03:13 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

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  • looneytunezez
    04-20 06:07 PM
    Just got my passport renewed at SF.
    Applied in person and opted to get it back in the mail.

    Got it in hand exactly in a week from application date...(pretty smooth)....

    And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

    They will adjust it properly in your passport for you...

    All the best.

    Thanks for your responses.

    One last question.

    After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?



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  • tnite
    08-13 09:26 AM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm


    The meet up was great and there were 4 new members who showed up.
    You can check the pics @

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  • doubt123
    06-15 01:46 PM

    I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
    WE did this, and we got our H1 approved and also I-140 got cleared.

    Please check with your lawyer before you follow this step as I am not a lawyer.

    Hope this helps and All the best...


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  • martinvisalaw
    06-29 05:14 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.

    I think you'll find the answer in the FAQs on my website. I say there:

    "You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."

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  • Chicago Desi
    03-31 11:14 AM
    ...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...

    Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.

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    03-18 05:19 AM
    Dear Friend,
    We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.

    06-15 04:15 PM
    I filed I-140 and I-485 before retrogression and
    My I-140 is approved May 30th 2006
    FP1: 10/16/2005
    Medical: 07/02/2006

    Can I expect my Green Cards in July, 2007 please anyone?

    06-10 06:10 PM
    www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.

    A small step in the right direction.

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