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  • cbpds
    06-08 12:54 PM
    What if someone returned the initial I94 but not the latest one because we attched the wrong I94 portion, will we need to send the new I94 after extension back to USCIS as well?

    No, you are supposed to return all I-94s!!.





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  • andy_traps
    03-26 07:31 PM
    Hi,

    Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?

    Thanks,
    Andy





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  • ameryki
    03-10 09:46 PM
    Never mind lawyer just sent copies of the receipt notice. so we are good to play.





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  • gsc999
    02-14 12:17 AM
    IV' ans of Southern California,

    We need your help in making the Admin Fixes Campaign Successful. We are organizing a Southern California IV Meetup and Letter Signing Event this Weekend. We are targeting to get a 1000 letters signed and sent to the White House from our group. We need volunteers to print letter templates, get envelopes/stamps and most importantly bring family, friends and colleagues to this event.

    I volunteer. I will be in Los Angeles this Sunday. See you there.

    Cheers!

    g



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  • akhilmahajan
    11-14 09:51 PM
    It will also give one a chance to tell their story to the senator or his aide.

    Right now everyone thinks there is no flaw in the legal immigration.

    If we keep on meeting lawmakers, it will bring to them the hardships faced by legal immigrants, so they might pay some attention to our cause.

    GO IV GO. TOGETHER WE CAN





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  • GCFever007
    07-19 10:04 AM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.



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  • fcres
    08-14 03:37 PM
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.

    Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.





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  • Canadian_Dream
    09-19 07:26 PM
    Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.

    ============================

    What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?

    In summary:
    Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
    If yes:
    What happens to the H1B if I-140 is revoked ?
    If No:
    Any law/precends supporting the conclusion ?
    ================================



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  • immig4me
    04-22 01:44 PM
    try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.





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  • yabadaba
    07-12 08:47 AM
    what the hell is AILF doing????? why hasnt the lawsuit been filed yet????



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  • jkays94
    04-13 09:56 AM
    I agree with gc_check this would avoid people getting into GC line in front of people have been waiting for years. Where is the link to submit comments?

    Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851





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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.



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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.





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  • ameryki
    03-10 09:46 PM
    Never mind lawyer just sent copies of the receipt notice. so we are good to play.



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  • H1B-GC
    02-01 08:30 AM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks

    Congrats Buddy!!





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  • voldemar
    06-22 11:14 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.



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  • ashkam
    03-19 02:05 PM
    low hanging fruit (http://www.google.com/search?hl=en&q=I-485+low-hanging+fruit&btnG=Google+Search)





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  • JulyApplicant
    11-09 06:13 AM
    I have applied for 485 on July 23rd. Received EAD and AP but I have not received Finger Printing notice so far. I tried calling the 1800** number but could only hear the recorded message.

    My case was indeed transferred from California to Texas on September 20th.

    Please advice.





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  • fide_champ
    06-25 02:28 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?





    learning01
    04-06 10:28 PM
    In the evening, problems: a meltdown over process.
    Two issues:
    1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.

    Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.

    Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.

    2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.

    If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.

    ``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.

    Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)





    wandmaker
    02-25 06:15 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCAbecause of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help

    You need to provide more details on bold words from your post. If you really need pointers from IV members.



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