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  • GCwaitforever
    02-13 01:44 PM
    Stuck in Immigration backlog? Join IV for a furlong.





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  • eagerr2i
    12-07 09:28 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.





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  • Libra
    08-03 12:26 PM
    Lisap, do you think you need to open a new thread to ask this question, dont you see there are hundreds of threads already opened on this issue.......i mean, what i wonder is you didn't find a single thread to post your question....man you guys........:eek:

    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....





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  • gcisadawg
    04-07 05:06 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg



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  • willIWill
    07-16 01:06 PM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?
    Chi_shark,

    Here is the second point 'verbatim':

    2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

    • Copies of both sides of your Form 1-94 Arrival/Entry Document;

    • Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

    • Copies of both sides of your Form IAP-66;

    • Copies of any Form 1-797 approval notice/notice of action;

    • Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

    • Copies of any and all Employment Authorization documents issued to you by this Service.

    Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

    Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.





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  • jatinr
    08-17 10:12 PM
    And you will there with your friend...//wink.. correct.

    USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.



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  • singhsa3
    11-15 10:01 AM
    We are in agony and pain. Let us scream so loud that even deafs may lend their ears.





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  • GCBy3000
    01-02 05:24 PM
    This thread is for monthly contributors. Please make sure you post your this month contribution in this thread.

    My $20 is on the way. Total of $240+ till date.

    Below is the confirmation.

    Immigration Voice
    IV.ORG $ 20.00 01/09/07 62LMP-P2KVD

    Memo: gcby3000
    This memo will be sent with your payment



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  • VivekAhuja
    11-25 11:27 PM
    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.





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  • mrajatish
    04-17 03:41 PM
    Agree with you - my wife's PERM approval got lost in mail and she had to apply for 140 with an electronic copy as DOL will not issue a new approval notice.

    Mine, of course is languishing in BEC.

    The inefficiency of DOL is really incomparable - they are much worse than USCIS.



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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.





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  • Lollerskater
    08-05 12:23 PM
    OP are you compiling statistics? For EB2 or EB3?

    I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.

    Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?



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  • webm
    09-25 10:19 AM
    We both have received EAD.

    But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?

    Thanks.

    Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

    HTH,





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  • jsb
    01-08 03:49 PM
    Can someone please clarify
    i know there is always risk involved ....

    If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????

    With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

    Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.



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  • bombaysardar
    07-26 11:40 PM
    keep it up! :) :)





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  • Libra
    08-03 12:26 PM
    Lisap, do you think you need to open a new thread to ask this question, dont you see there are hundreds of threads already opened on this issue.......i mean, what i wonder is you didn't find a single thread to post your question....man you guys........:eek:

    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....



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  • gccovet
    11-17 07:57 AM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
    I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
    GCCovet





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  • kaisersose
    04-16 04:38 PM
    What is an "MTR"?

    Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.





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  • sparky_jones
    10-10 04:14 PM
    No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.

    Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.





    gbof
    04-08 02:52 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.

    I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.





    jonty_11
    03-14 03:12 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...



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