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qualified_trash

05-19 11:49 AM

Immigration laws are a federal mandate. It does not matter where your lawyer is based...........

Try to get a good lawyer. Where they are located should never be a consideration.

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ssdtm

12-05 03:59 PM

Yes. There are people who never had H1 ever from cos, and still got their GC.

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gonecrazyonh4

05-18 03:30 PM

I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.

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rpatel

12-12 11:33 AM

Thanks for your reply

What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again

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Mallika

06-27 05:39 AM

Dear Experts,

My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?

I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!

Thank you!
Mallika

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cest la vie

01-28 04:24 AM

Hi...I went to the USA in Dec 05, with a J1 visa, in may 06 after i applyed for changing of status to B2 visa, I got it denied and the letter said I should leave usa. I didnt, staying there until aug 07 (more than 1 year). my visa expired in apil 06 and the letter from uscis i got in may 06. they wrote in my I-94 cos denied 04-18-06. I didnt give back my I-94 when i left the USA. I want to know what are my chances to get a L2 visa (my husband is applying for L1 visa). I also have a second nationallity, can it help me somehow?
Please, I really need someone to help me with thses doubts.thank you very much.

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singam

04-08 06:27 PM

This is at the least that the DOL and DOS should allow.
BECs are a joke.

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shivapb80

12-27 06:59 PM

they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.

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salvador marley

04-29 05:35 PM

yeah keep it kirupa - i thought it was ok - but got not much respone

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ss1026

06-23 01:57 AM

From the horse's mouth

"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."

The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.

For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).

After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.

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chintu25

08-16 01:42 PM

Feel free to email me or call me

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vegaspd

06-01 06:03 PM

I received a notice from uscis

"USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"

Anybody has any idea what this means.


Thank you all
Vegaspd

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smartboy75

08-05 11:33 AM

Some more information on this....I just spoke to another CSR @ NSC and asked her about Extended review....she mentioned that it is a normal process and that they have various agencies involved and that they r waiting for response ...did'nt mention what the agencies are or what is it that they r waiting on....also I asked her if I should take and INFOPASS appointment to find out more....she said that would'nt be of any help cause they will also not be willing to tell me more.....

She said wait for about 90 days and if you still don't here from us ..give us a call and we can then take it from there....

I guess I am going to stop worrying and expecting any results soon...lets just wait and see....

will keep u guys posted...

Cheers

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missourian

06-25 05:18 PM

Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.

IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending

Am I correct?

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indyanguy

08-17 03:05 PM

My 6 year H1 term expired in Jan 2010 (not applied for extension yet). I live in IL.

I took the motorcycle training class and passed. Now, I have to go to the DMV to get the license. My existing 4 wheeler license is valid upto 2011. Will I get my motorcyle license only till 2010 (end of H1)?

Anyone knows how this works?

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superdesi

09-15 04:00 PM

From my understanding the I-140 acceptance criteria for EB2 through labor certification, EB2 through NIW, and EB1 are completely different. You may have to redo the entire application process for EB-1(recommendations etc).

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Vish

10-11 06:35 PM

Thanks for responding...thats what I thought but was not sure...Thanks again for confirming.

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viveksri

06-19 11:59 AM

Finally USCIS has corrected the processing date typo. The dates are not back to original track.

I guess its good news from the EAD point of view.

VS

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kondur_007

08-22 02:10 PM

First time a post made absolutely no sense to me!:eek:

That was indeed funny...:D:D made me laugh

Although pani_6 is correct in what he is saying.

Here is the link:

http://boards.immigration.com/forumdisplay.php?f=252

I guess, this may not be an as important an issue as "getting the GC"..:p
But some people may care more about it than others...especially who have a long list of family members to be brought in :)

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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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sam2006

09-21 03:03 PM

Guys
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..

all the RN from SRC...

any one on the same boat

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rajc

08-12 03:28 PM

Hi,

I recently went through same situation for my spouse on H4. You have 3 options:

1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.

2. Go out of country and come back.

3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.


Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.

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insbaby

03-31 05:36 PM

I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.

I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?

Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?

Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.

....

Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.

You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.

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us_employee

06-14 11:30 PM

Hi,

I have friend who was in US for 7 years (F1->H1) and moved back to India. Later, he came here on B1 for couple of times. What's the best option for him if he wants to come back to US to work full time.

Thanks in advance.

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unchew

06-06 11:52 PM

Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.

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ivgclive

04-02 10:26 AM

I and my wife are on EAD here and my wife had to go to India urgently on an Advance Parole that was expired last month. Can I apply for the AP renewal for her while she is in India, so that she can come back without any problems? Please let me know what options do I have. I am hoping that she would not be out of status or staying illegally here. Any answers would be very much appreciated. Thanks all.

Please tell me what options I have with me now.

There is an opiton you can apply for a "re-entry" permit for a person outside US. But it is a very difficult route, go thru an attorney, who can help you in the right way.

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akizdetz

08-10 04:03 PM

I have just received the following email:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: SRCxxxxxxxxxx

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

On August 9, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

Does this mean that I-140 was also approved? I'm looking online and it's says "Initial Review"... Actually this is the only one that have changed, all other documents for both me and my wife are still at the previous LUD!

P. S. This looks and sounds weird for me, especially that I have the biometrics appointment on 09/02/2010. I think it's a mistake... Please advise!

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sircaustic

01-02 08:59 PM

1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)

Thanks Sreenivas for taking time to reply!

I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"

Some insight will be much appreciated!Thanks!

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bayarea07

02-04 04:30 PM

Hello,
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).

However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.

fyi.. my H1 was extended by 3 more years because of pending I-485 Application


Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.

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rhlsur

05-06 08:23 PM

I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).

My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.

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skmurthy

05-28 05:10 PM

Great! Thanks a ton for your help.

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pod1

10-21 12:42 AM

I am in 6th year of my H1B. It is expiring in Aug 2011.

Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.

Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?

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Springflower

12-22 02:16 PM

Hi,

I got 2 year EAD from NSC in August 2008.

Wanted to apply for Advance Parole (second time).

Is NSC issuing 2 year AP's ?

Wondering if any body got Advance Parole for 2 years from NSC.

Also, I appreciate if any one can share their experince about INFOPASS to get Advance Parole in case of emergency

(if one did not apply for AP & need to travel urgently).

Thenk you for your help!

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GC444

08-11 10:24 PM

all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:

I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!

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toosunneo

02-02 11:01 AM

You are right. The attorney thought that my sixth year ended in August 2010. Glad I don't have to travel outside of US. Thanks for the response.

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Steve Mitchell

April 23rd, 2004, 10:59 PM

Adorama has it listed. They don't say whether or not it's in stock.
I recently made the move to digital by purchasing a D70. I'm interested in purchasing the Nikon SC-29 cord for use with a SB-800 on a Stroboframe quick-flip frame. I like the idea of the added flexibility that the SC-29 gives over the SC-28 because of the additional autofocus lamp.

However, after I ordered the SC-29 from Etronics.com (who listed this product as being in stock), they contacted me a day later to say that it was actually out of stock. Furthermore, they said that Nikon had discontinued the product, and that though they tried, they were not able to obtain one of these cables through another channel.

Has anyone heard about Nikon canceling the SC-29? That doesn't make any sense to me. I've seen these for sale on e-bay, but that is through a Japanese reseller, and the shipping takes a couple of weeks (not to mention, it's not an authorized Nikon USA dealer).

Any other information or input about the SC-29?

Thanks so much!

Jonathan Van Antwerp

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GCmuddu_H1BVaddu

06-27 07:41 AM

One will get a H1-B without I-94 if the person is outside of USA.

so basically you need to go for stamping to the local consulate for the visa.



For your second question - no you don't have to be present in the US to file for the extension .

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ranand00

05-10 09:36 PM

My status says the same except date is dec 12th 2007.
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand

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txGuy

07-17 09:02 PM

what number did you call to request FP? please share.

Thanks.

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Pineapple

10-14 02:08 PM

^^^

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myonlineid

01-07 03:36 PM

I came back from India in Dec 1st week and my POE was NY. They took me inside and didn't ask any Q's. They verified and stamped on I-94.

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April 3rd, 2005, 06:30 AM

the first one has more zing (IMO)

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maximus777

08-13 03:39 PM

What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:

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priya.r

12-24 01:30 PM

Hello,

Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

Should the increase happen on October 1st 2010 when the H1B kicks in,

or should the increase happen when the H1B gets approved ( between april - october )

or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


Hoping for your valuable replies as soon as possible.

Thanks

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zwswim

01-26 12:55 PM

I am in H1b and my wife is a F1 student. Both of us are chinese.

My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.

My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.

My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).

Will this conflict have a huge affection on her F1 visa application in china?

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10-03 11:40 AM

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jsb

11-02 11:17 AM

Dear Friends,

Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?

My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.

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phillyag

07-17 10:41 PM

I am going to be filing amendment to my previsously filed app. to add my wife.
My lawyer said I can do that.

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rujulm

11-03 01:26 PM

Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

Is is better to file for H4 from USA itself or to go to India and do it?

Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

Please assist me.

Thank you in advance.

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Administrator2

11-07 04:53 PM

Dear IV Members,

For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.

Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -

Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)

Thanks,

Team IV

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sashram97

09-15 04:23 PM

My husband thinks if he loses his job he would get unemployment and medicaid benefits if we are permanent residents.
Now his job is fine, his insurance is going on good.
But the question is when he loses his job.
Thats why he is worried.

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SK2007

10-04 04:33 PM

my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

what is safe for her? does she have any deadline to go back? is it 15 days or a month....

someone please let me know...thanks ahead

Generally, they give only one extension. Technically, I think she is already overstaying? The bigger problem will be coming back next time. Did you try calling them?

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yagw

06-13 01:12 PM

I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.

An individuals income and their net worth is their personal information. I don't think you will get more info on this (that too in a public forum).

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February 11th, 2005, 07:21 PM

I like it. Very nice shot.

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10-26 09:51 AM

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eb2_immigrant

08-01 05:30 PM

I called USCIS to check the status of my pending I-485,PD-Dec2005. I was told they are processing applications with ND in July . My RD-2 July 2007 ,ND -28 Aug 2007.
Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.

Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
Gurus and thopes pls help

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anilsal

01-28 10:59 PM

having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.

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linklinklink

06-25 02:53 PM

For those who have same problem.
I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.

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haroontabrez

04-09 02:49 PM

Mine too is LC substitution case.
EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
Last LUD: 05/21/2007

Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?

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PresidentO

02-03 01:50 AM

Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a

Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.

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bp333

10-10 09:05 AM

Updated...
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent

Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).

jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?

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gcisadawg

04-24 12:35 PM

Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?

Thank you very much!

If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.

I travelled with AP and a copy of I-485 receipt....Nothing else....

Best wishes
GCisaDawg

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Giles08

04-01 08:15 AM

zCool, Thanks a lot!


Last Status counts situation DOES NOT apply here.
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..

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