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  • sadshaq12
    11-18 04:03 PM
    Hi Gurus
    One question for you
    Can A2p the wages be pro rated ?


    if monthly wages for an employees is 1000 per month then it should be 12000 per year) company need to prove the ability to pay $12000 per year.

    but what if the LC was filed in mid year for example June 2005 and CIS RFE is asking to proof ability to pay (only One year) 2005
    can it been showed as June - december = 7 month and onwards

    $1000 x7= 7000
    is it good approch or no
    Thanks





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  • tinamatthew
    07-22 11:26 PM
    I got busted going twice the speed limit in a 55 MPH zone and just got convicted of Reckless Driving.I got 364 Days Suspended Sentence.

    Does that count as an "crime of Moral Turpitude". Does that mean that I-485 will be deined?

    Do you know anyone who was convicted of reckless driving and got their green card?

    All replies are appreciated.

    Hope this encourages you

    unless you hit someone and was jailed or something. Getting a speeding ticket due to reckless driving is just a traffic violation and should not be mentioned. I had some reckless driving tickets, never mentioned that and got my GC last week.

    So enjoy.
    Aman


    http://immigrationvoice.org/forum/showthread.php?t=5700





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  • guyfromsg
    08-21 08:57 PM
    Hi,

    My 6th year H1 expires in Feb'07 and company is ready to apply 7th year extension using premium processing. Assuming I get H1 extended by Oct 1st and travel to India in Nov for 2 weeks, is there a problem in coming back with old visa.

    Since the appointments are full for the next 6 months I don't have any realistic chance of getting new stamping done during the trip. I know traveling while extension is pending is a big NO NO but if extension is approved am I allowed to use the old visa stamp?

    thanks in advance





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  • anup_c
    10-31 03:16 PM
    I guess I'm on the same boat.

    140 Approved in May 07
    July 17 filed for 485/131/EAD
    EAD processed 9/11 and recieved
    Texas Service Center

    No FP notice yet for both me and my wife.



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  • pokiri
    07-08 10:51 PM
    Hi,
    My wife got her H1B in Oct 2008. But could not work until date.
    We want to get her H1B transferred back to H4. There are NO pay stubs for her.

    I am on H1B with job. And I have my pay stubs.

    Will there be any problem in her H1B to H4 transfer without her pay stubs ?

    Thank you.





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  • GCVivek
    03-23 03:14 PM
    Why didn't you ask what the interview was about and why the Welcome was issued when your priority date was not current?
    In immigration matters it is best to be open and clear lest you fall in situations where you have to hibernate because you can't raise the issue for fear of rejection.



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  • samcam
    05-24 11:46 AM
    As of now we have 3997 members and 111 guests. We need 3 more guests to register so that we can reach the milestone of 4000 members...





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  • Blog Feeds
    04-09 09:30 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.

    In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.

    The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.

    This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)



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  • DallasBlue
    09-28 06:57 PM
    Hope to hear from 'you all' Texas.





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  • mach1343
    11-22 01:39 PM
    Hi,

    I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.

    Scenarios:
    1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.

    2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.

    3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.

    I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.



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  • roseball
    10-19 10:50 AM
    A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.

    That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...

    I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.





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  • eb3_nepa
    07-20 01:36 PM
    Could you please pm us the IP address of your machine. It will help us to diagnose the problem and/or let you know the reason. Its possible that your work environment is using NATing. So all machines from within that network will propagate the same external IP address. If you could send us your IP address at work, we will be able to diagnose the problem.

    Thanks for your patience.


    Hi,

    I have sent my IP address via PM both to Administrator2 and Administrator3 but no change yet.

    Also can someone grant me access to the Donor forum? I have been a VERY long standing IV member and have contributed several times over the life of IV.


    Thanks.



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  • mars
    09-25 10:44 PM
    HI All,

    My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.

    I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..

    Could Pls some one suggest the best course of action..

    thanks
    mars





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  • snhn
    08-14 11:49 AM
    One other question. CAn I submit a query to DOL and find the status of it. Are employees allowed to do that. I remeber sending them email a while ago, and they never replied. if there is a method of obtaining this information, can somebody pleae direct me to that.

    Thanks!



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  • PDOCT05
    10-16 01:16 PM
    How old is he? Are you sure you filled out every item?

    He is 3 years old and we verified every thing...lawyer also verified.





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  • sk.aggarwal
    05-12 03:03 PM
    Not sure what to say. But I believe in your original H1 petition requested dates of employment were only for one and a half month and I think you will get only that. Unless attorney files an amendment and documentation for additional 3 years. I dont think USCIS will even look at I-140 approval since it was not eve part of the packet

    What is your attorney saying?



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  • kirupa
    05-27 03:27 PM
    I have added it up! :)





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  • Pallavi79
    06-11 03:27 AM
    Some where I read that, it is common to get marriage certificate RFE, If you were married less than 2 years ago.





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  • sideeque
    03-07 09:31 PM
    I applied in Aug 2010. Still waiting for I-140 approval





    FinalGC
    05-26 05:59 PM
    It is my guess that USCIS will take the finger printing records that they have in file when we filed 485 and approve the future EAD's.

    I am on the same boat. I applied on May 9, recd a receipt dated May 11 and no additional info after that.





    DallasBlue
    07-25 12:08 AM
    no labor is position dependent not person dependent. You cannot make it go faster based on earlier 140.
    -M

    mrdelhiite is correct.

    If your company is regularly advertising and they have all the ad's in place as required by PERM , they can file your PERM and you can get your labor approval. If in case your labor is approved before 30th july you would be able to file concurrent 140 & 485 and can retain your PD too.

    good luck.

    -- disclaimer am not a lawyer please seek professional advice.



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  • Didiusthegreat
    09-25 01:29 PM
    I've made your logo allright??





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

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





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  • drona
    09-07 02:54 PM
    Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.

    http://immigrationvoice.org/forum/showthread.php?t=12976





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  • ttdam
    10-18 01:19 AM
    Hi

    I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication

    EB3
    PD 10/04
    RD 08/03
    ND 10/12

    I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC

    I-765, I-131, FP are pending.



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  • krrishpatel
    09-02 02:30 AM
    Hi,

    Almost 22 week past, No response From Mumbai Consulate

    Interview Date - 13-Feb-2009
    Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)

    Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.

    After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.

    Anybody Knows what i have to do. Please advice me further .


    Regards,

    Krrish





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  • IndianBoy
    11-25 11:05 AM
    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this�????

    Thanks in advance...



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  • STAmisha
    08-27 06:17 PM
    I had paid consulatation with their office and the attorney told me that





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  • rodnyb
    02-03 06:50 PM
    Visa statistics

    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    from 2000 looks like about 300K EB visa was wasted.

    Also, you can see, EB1+Eb2ROW has s always been in the 50-70K range every year

    EB1 I/C each is increasing from 3K to 6K, EB2 ROW is increasing from 10K to about 30K



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  • eb3_nepa
    07-20 01:59 PM
    You can change jobs ONLY if BOTH the following conditions are met.

    1) I-140 is approved AND
    2) I-485 has been pending for MORE than 180 days.

    EAD has NOTHING to do with it.





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  • sss9i
    03-23 05:41 PM
    Hi,Advise please!
    1)I got H1B visa stamp until June 30,2007. Sampe company (Hospital), I got extension approval notice until July 30,2007 (i.e 30 days).

    2) Hospital applied for New H1B (Change of employer) from July 31st,2007 until June 30,2010.
    Can i go for stamping in June (OR) I have to wait for until July 30,2007.

    Thank you.



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  • tosca_travels
    09-27 02:10 PM
    I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.

    Soo -- 2 questions:
    1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
    2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?

    Thanks very much!





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  • minimalist
    11-12 10:50 AM
    I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.

    My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.

    SO is this common to conduct drug test few days before join date...?? It is a common practice and very simple process. If you are not into it, you don't have to worry.
    All the best.



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  • lostinbeta
    10-06 01:10 AM
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  • Michael chertoff
    10-23 07:29 PM
    hi all
    im in F2B ( LPR filing for son over 21 )
    my PD : 12-aug-2009
    ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
    AM I RIGHT ?????
    any insight will be appreciated

    100 % right. Have a nice weekend.

    MC



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  • FredG
    November 16th, 2004, 06:48 PM
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  • arunmurthy
    09-14 12:49 AM
    Hello all,

    Is there any california chapter esp in Nor Cal.
    We have to unite EB3 Guys and strike hard!!!
    I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
    It is like going to Jyotish for knowing future.

    EB2 Guys, you should also help us even though if you are getting GCs faster...

    Please provide me information on California chapter. I have just joined IV.
    I believe it is high time to fight back.

    (btw if anybody wants to have vonage $24.99, please let me know. I can refer you)



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  • Legal_In_A_Limbo
    03-10 10:07 AM
    we are going through it right now.
    planning to file g-28 only and not AC-21 letter.

    Will wait for a RFE to send a AC-21 letter.
    Are you self filling G-28 or doing through another lawyer?
    Thanks





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  • Blog Feeds
    07-16 04:50 PM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.

    Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.

    However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.

    The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.

    The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.

    However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.


    For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.

    For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)





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  • nychyd
    01-02 03:16 PM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

    Thanks





    rp0lol
    08-09 12:26 PM
    My advise is to buy insurance from some local (means american company). The main reason is when you buy insurance from overseas company (even UK based) hospitals here don't honor them and you may be in big trouble. Also I per my first hand experience, Its very hard to get any reimbursments from Indian Insurance company, it takes months to get your money back.

    Try www..com and you will get different options. But again do your own research and take your chances.





    martinvisalaw
    10-15 03:56 PM
    The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.

    The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.



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  • Michael chertoff
    05-17 08:51 AM
    Dear Attorney and other friends,

    Please give me some advice on my situation,

    My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.

    we want to renew her greencard.

    Please advise if it is possible of we have to start new process?

    Thanks

    MC





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  • immilaw
    09-23 12:50 PM
    If your receipt numbers begins with

    WAC - CSC service center
    EAC - VSC service center
    LIN - NSC service center
    SRC - TSC service center

    WAC: (Western Adjudication Center) Califonia Service Center
    EAC: (Eastern Adjudication Center) Vermont Service Center
    LIN: Lincon Nebraska
    SRC: (Southern Regional Center, I guess) Texas Service Center





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  • anilsal
    11-11 10:27 AM
    http://anilgeneral.blogspot.com/2007/11/iv-is-this.html

    Just the pict:
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  • gc_chahiye
    07-22 12:08 PM
    does your I-140 have an A#? (the newer ones, issued in the last few months) do. If so, you can try sending the inital-evidence with a note asking them to ti tie to your 485 case, mentioning the A#. If you dont have A# ask your lawyer whats the best way out (name+DOB+??).

    Keep a copy of your tracking number/fedex signature proof of whatever you send.



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  • tpr
    02-17 05:21 PM
    Hi,

    I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.

    I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.

    I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.

    How long can I legally stay in the US on OPT without a job?

    Can anyone please throw light?

    Thanks,
    TPR





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  • dealsnet
    09-23 10:48 AM
    Sorry to hear about your arrest. Are you staying with her in same house or separate house?. If you live in separate house, why you went there, if you have divorce case is pending.? You need to be careful.

    Is this RFE is generated because of your wife reported your case to USCIS ?
    Do you inform USCIS about your divorce proceedings ?
    You can inform them all details with this RFE. You are victimised and all...
    Gather all evidence to show your innocence.



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  • alterego
    05-17 11:47 PM
    The good news for you is Texas is faster than nebraska generally.





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  • bouncer
    11-08 12:35 AM
    Hi Kirupa,

    Thanks for your reply. I'm trying to solve this issue. I'll get back to you soon.



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  • JazzByTheBay
    08-21 11:27 AM
    No time for posting updates.. it's like when you're really busy on a project and asked for daily/weekly status updates.... :)

    jazz

    Any word yet on the Processing Dates.





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  • voldemar
    06-25 11:03 AM
    Can someone tell me what is a good lawyer??? I think this term is very much like good politician.. They are extinct...
    If someone using company lawyer to file I-485 and other forms, ask this lawyer will he send receipt notices to the applicant or not. Some will get answer that it's company policy not to sent anything to applicants :mad: .



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  • satishg
    09-16 08:35 PM
    In september my dates became current and my GC and my spouse GC has been approved . However my lawyer recieved interview notices for me and my wife. What should be the next step. Ignore the notices as we recieved the Green card or do we need to attend the interview.





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  • immihelp1
    08-07 02:16 PM
    Dear nsb,

    What u said is not true.

    I am in 8th year and went to Nogales for stamping last week. Got 3 years stamped.

    If anyone want's more info please PM me.

    Thanks,



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  • maine_gc
    10-01 11:42 AM
    No active members.

    I had 3 of my co-workers in IV and they are no longer here. What ever i did before for IV is with the help of the university students and most of them i know left after their graduation or ready to leave in the next few months.

    As always there are other members who are in IV and they do not want to participate in the IV activities. All they want is to get the information from IV forums.





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  • kewlchap
    04-07 04:47 PM
    Sorry folks, dumb question, but what does LUD stand for? A few words of explanation would be appreciated.



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  • krithi
    02-07 03:56 PM
    Do we need original copy of 485 receipt when travelling using AP.

    Thanks,
    Java





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  • pappu
    01-22 03:33 PM
    A member just posted on his blog-

    http://immigrationvoice.org/forum/blog.php?u=31942

    This is creative and such ideas make the site lively in the new design. It will allow people get more than immigration and an experience of a community. Once we are a connected via various interests, discussions and features on the site, we will be able to better join hands together as a community on IV action items that is our focus.

    abcdgc, pls also post this in the IV cricket social networking group so that all cricket lover IV members can network with each other and also see latest scores, pictures and news.



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  • milind70
    06-14 11:23 AM
    Hi Gurus,

    I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.

    You can apply of AOS i.e I 485 only for one application . Since you already have applied for AOS on EB1 I highly doubt u can apply for AOS for EB2. Talk to your lawyer and find out





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  • kaisersose
    07-18 08:02 AM
    I just read this line from the USCIS release

    ===

    USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.

    ====

    It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.

    if yes, then this is something that should be clearly mentioned somewhere.





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  • Bruce2000
    01-11 10:27 PM
    I saw a prior post talking about this issue but has no answer. I am very upset about it.

    Vermont Center received my OPT Application on Oct 31,2008. But I checked my status online and it said, "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283."

    Could anyone who experienced this could tell me why? (I inputted the case number correctly.) Can you guys still get your OPT card after this happened?

    Thanks a lot!





    julia0345
    05-06 03:58 PM
    How to check my DV_2011 result?





    GCNirvana007
    09-06 12:14 AM
    my gc is filed under eb3 India PD march 2007

    is it true i cant be promoted till GC comes through &

    is it true my salary cant be raised beyond a certain point

    GC has got nothing to do with your work, who told you that