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  • shivaniraina
    07-21 02:20 PM
    You are exempt from the cap:) . Your immigration lawyer can confirm this.

    I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.





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  • Rb_newsletter
    05-03 09:15 PM
    Hi All,

    Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.



    As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.





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  • sbmallik
    09-01 09:32 AM
    If you live ourside of US and work for an non-US Company then you are not in H-1B; you will be in Spanish resident visa status. However, on your return to the previous company in the US, you can recepture the time spend in Spain on your H-1B visa.

    I would try to explore the remote working options from Spain for the US employer.





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  • snathan
    04-13 08:19 PM
    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks

    If you can do that....I am sure most of the folks can do their child's chargeability as US and get the GC in matter of months... Anyway check with the attorney and update us...



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  • njboy
    07-26 10:35 AM
    according to what you typed-your priority date is june 2006..so if i were you, i wouldnt worry much about it..however, your lawyer is right that incase your company revokes your labor, you might be in trouble.
    even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
    why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go





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  • Munna Bhai
    08-24 01:34 PM
    Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.

    Here is what I got update from my attorney:

    "Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."

    Hope this helps.



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  • ss1026
    04-08 06:10 PM
    Hi,

    EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008

    No LUDS since sep 19, 2007

    db

    How does one find out if they had any LUD on their case. Looks like this is a indicator if the case was worked on.





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  • mbartosik
    03-28 11:10 AM
    For nationality/changeability a ROW category is needed.



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  • va_dude
    06-16 11:56 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude





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  • singhsa3
    08-14 11:02 PM
    This will be mass distributed with the flyers.



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  • WeShallOvercome
    07-24 07:26 PM
    Hello,

    I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??

    Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??


    Thanks


    You should be fine... at the most an RFE to clarify the confusion...





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  • gman
    07-29 01:45 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!



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  • Hinglish
    03-03 11:24 AM
    AGI = American Greencard for Indians





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  • nixstor
    09-17 02:09 PM
    Paskal,

    That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.



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  • chanduv23
    09-22 10:00 AM
    Small companies will do this. If it is a big company with HR and payroll departments not being micro managed by the employer - then you won't face these problems.





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  • Phaedra
    05-30 11:28 PM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    2)How does USCIS actually track who is employed and who is not?

    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?

    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!



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  • RDB
    09-02 11:09 PM
    That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.





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  • newbee7
    07-05 12:14 PM
    ^
    ^
    ^





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  • Karthikthiru
    04-05 06:40 PM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2007/db20070405_778533.htm?chan=top+news_top+news+index





    fcres
    06-27 02:30 PM
    My spouse had one A# with his OPT and another one when the I140 was approved.





    wandmaker
    12-11 07:46 AM
    Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

    Go IVans Go!



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