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  • nrakkati
    08-15 12:05 PM
    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...





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  • tabletpc
    01-10 01:23 PM
    Its a gray area....!!!!!

    She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.

    From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.

    I would suggest you to talk to your attorney.

    Good luck





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  • vin13
    03-11 04:28 PM
    The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...

    You do sound paranoid.

    When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.

    People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.

    All Immigraton Officers will not ask the same questions nor react the same way for similar answers.





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  • jsb
    02-11 10:28 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?
    If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.



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  • AB1275
    12-15 03:50 PM
    I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
    I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
    I found IV very helpfull for finding out how to file n what to send with MTR .
    wish u luck

    My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.





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  • vishwak
    08-13 11:08 AM
    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Its been less than 100 days....

    Did she get Paystub, If not you are good.

    I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

    USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.



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  • raj2007
    02-18 07:12 PM
    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?

    I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.





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  • paulinasmith
    08-05 12:54 PM
    Hi guys, I am trying to understand this whole process and was wondering if you could help me out.

    I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:

    1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.

    2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?

    Thank you for your input.


    Even if u are born in Europe the EB-3 priority date of India and Europe are equal/same. EB-3 no longer depend upon your place of Birth.



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  • rajenk
    07-16 12:49 PM
    Thanks a lot Raj.

    One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

    Thanks again for answering so promptly.

    CAH

    Below are the documents that you need to get from your previous attorney/Employer.

    1. Legible copy of your approved labor that you and your HR had signed.

    2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"

    3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.

    That is all you need.

    Make sure to transfer your H1-B to your new employer.

    Good luck.

    Raj:)





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  • Honda
    09-08 11:42 PM
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  • snhn
    04-13 11:58 AM
    Hello,


    I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.

    My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was

    sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.

    I cam to know about it because it says on my I129 application. It basically says that I am

    not eligible to extend my stay in the US therefore have to travel outside the country. My

    wife petition,, well all she received was a letter from INS stating that her H4 application

    can not be renewed because of my petition. I also states on that the H1B petitionore has a

    criminal recore which is inadmissible in US. the only criminal record I have is some

    traffic violations and a DWI from 2000.

    Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been

    able to travel out 2 times. I have never tried to get the visa extension in Pakistan

    before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension

    approved last year. They never said anything abou that. I hav not been involved in

    anything else either.

    none of the conversation my lawyer has had with them, it does not specify what the criminal

    record they are talkin g about. I have even talke to INS about it and they dont know either.




    One other question. Can I still work even thought my visa is not extended per say. INS only

    send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.

    What are your thaughts.

    Am I illegal right now.

    Thanks!

    N





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  • bkshres
    10-20 03:02 PM
    My old attorney was appointed by my old employer but after I left my old company, my old attorney was working as my personal attorney and her contract with my old company was also over. and I kind of have good understanding with him. He was helpful in general scenarios as well.
    But I am not sure whether I should switch the attorney. My worry is what if I tell my old attorney that I am doing G28 to new attorney from new employer and G28 form never reach USCIS file? then all the correspondence will goto my old attorney.... what will happen in those scenario?

    Thanks,
    BK



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  • Macaca
    12-07 09:50 AM
    Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.





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  • chanduv23
    08-08 08:52 PM
    I'll be there and will try to bring friends.

    U definitely and and will :)



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  • natrajs
    08-16 03:45 PM
    It depends how the Employer and Employee discussed before starting the GC process.

    Some may sponsor the cost only for the Employee and let Employee pay for the dependants.

    To my best of my knowledge Employer can not charge back the Employee for sponsoring the GC, However there is no rule set for the dependants





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  • naturopathicpt
    06-25 10:15 PM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT



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  • karanp25
    06-16 05:33 PM
    Start off your infopass with the following question.

    I am really desperate....would you help me, pretty please? ........

    And then proceed with the other questions you have on your list.

    After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.





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  • liorsal
    01-14 02:53 PM
    Only H1 reform is likely by feb 15th.
    what about 485 relief????????





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  • arunmohan
    07-13 02:39 AM
    I am in if IV decide to file a law suit. I will contribute.





    desi3933
    07-09 02:18 PM
    I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???

    I learned my lesson and just want to teach him something out of this as well. HELP ME here?

    Don't let your emotions cloud your judgment.





    redcard
    04-02 10:01 AM
    Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!

    Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.



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