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ivuser9

04-14 10:10 PM

Gurus,
I have received the following RFE.

Please submit the oldest available evidence which establishes your birth and parentage. This evidence may include, but is not limited to:

a. Hospital birth records which name the child and both parents.
b. Medical records which name the child and both parents.
c. School records which name the child and both parents.
d. Census records which name the child and both parents.
e. Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable rite occurred following the birth, showing the date and place of the child�s birth, the date of the religious ceremony, and the names of the child�s parents.

I have submitted Date of Birth Certificate at the time of applying 485 which is dated in 2002.

Ans:
I am planning to submit notarized affidavits from my father and mother.

SSC (10TH Certificate/Memo)

Are these enough? What are the other options ? Please let me know your valuable thoughts..

Thank you
IVUSER

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natrajs

03-26 10:45 AM

Hi,

My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.

What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?

Thanks.

Extend H1B also

---

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STAmisha

06-20 01:54 PM

Hi

My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.

But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?

Thanks

---

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AMY MACDONALD: BORN TO RUN

gc_check

01-26 09:42 PM

If this is a duplicate thread, I apologize and admin please close/delete this.

1) Many of us have already used AC21, The current economic condition might force us to switch job on EAD, Can we file AC21 multiple times. Has any one done this.
2) If I do not file AC21, with new job and can we leave with the 1st employer as for future employment, Join the original employer we filed AC21 upon approval of GC, In than condition, an offer letter from the employer hold good in case of RFE.

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boston_gc

09-11 01:56 PM

Gurus:
Anyone has been in the similar situation. I really don;t want to start my PERM application if owning a company stock will trigger an audit.

If there is even a slight possibility, I would like to give back the stocks to the company (if it is possible)

Thanks,

---

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Blog Feeds

11-14 04:21 AM

This is key. We've been hearing that the White House was still up in the air between the energy bill and immigration and that one of the two would likely be pushed back until after the election. Now it looks like the White House thinks it can walk and chew gum (presumably after the President's approval ratings are slipping as people sense the White House is not actually keeping any of its promises).

More... (http://blogs.ilw.com/gregsiskind/2009/11/white-house-signals-immigration-reform-efforts-definitely-a-go-for-2010-.html)

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Karan

08-22 05:50 PM

I've recently filed my 485.

In my labor and I140 I have my job title as ' Data ware house architect'.

My H1 says 'Programmer Analyst'. So while applying my 485 I menationed my current occupation as 'Programmer Analyst', which is different from what my labor and 140 says.Will this create any problem?

Please advise.

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thesparky007

04-01 12:31 AM

lol knew it!
last year's was wayyyyyyyyyy better........

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NANO3

04-30 04:36 PM

that is sweet!! perhaps the monetary symbol can go on a corner?

anyhow, nice color scheme

---

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Greatdesi

02-25 05:23 AM

My GC was started by a company A with priority date of June 2004 in EB3. 140 was approved and filed 485 in July 2007 when all gates opened. In parallel, a friend of mine started my GC processing under EB2. That has a priority date of March'2005. Current date for EB2 is Feb.2005.
I got an offer from a different company (company B), which I would like to take if I have no issues with GC etc. I am thinking what should be my plan of action. I have the following options:
1. Join company B on contract to hire on EAD that I got from company A as an employee of my friend's company. Apply 485 when EB2 becomes current for March 2005. Hopefully I will get my GC in an year and I join company B.
2. Join company B on EAD (or H1) and ask them to re-start my GC process under EB2. Issue with this is it may take a long time for my GC as PERM is taking longer nowaways.
3. Continue with my present employer and get my GC in 2020!..

Request your advice on the best course of action for me. Appreciate your help.

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uncentainty

05-08 10:18 PM

I worked under H1B (valid 11/02/2009 - 10/14/2012) with nonstop paystubs since 11/02/2009.

On 08/02/2010, some bad girl just wrote one short sentence false statement to USCIS and cancelled/revoked my H1B on 08/09/2010 secretly since she didn't notify anybody about what she had done. She also ignored 2 USCIS letters (dated 08/13/2010 and 02/04/2011 respectively) regarding the H1B cancellation.

When I was going to join a new employer in March, I was told that my H1B was "inactive" and "retracted" by USCIS. the bad girl subsiquently filed a H1B petition with nunc pro tunc requirement for me but USCIS only approved I-797B with validation period 04/14/2011 - 10/14/2012 without I-94. I have to get H-1B visa from a US consulate.

Will I be subject to 3 years ban?! Technically I have been OOS since 08/09/2010, however, I have been paid without any gap since 08/09/2010. I have nonstop paystubs since 11/02/2009. I am still being paid. The next paystub will be available on next Friday.

Will I be subject to 3 years ban?! Can I apply for a visa back?! Can I file a criminal charge against this bad girl?!

I feel hopeless until found this forum! Thanks for your helps!!!

Life is uncertain

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sukhwinderd

09-11 10:35 AM

keep in touch with me. i will try to go to local office after 90 days (ie after oct 2nd) in case i dont get EAD by then (my lawyer sent my 485 on 6.29.2007) . its just to expedite not for interim EAD. cause they dont issue interim EADs anymore.

but if you have decided to file for H1 then no point in waiting for another month.
in my case the lawyer takes too much money, even though i dont pay directly but it comes out of my salary, ultimately thats why i am not pushing for my H1 extension.
also i am hoping i will get my 140 by then so that i can get 3 yr extension.

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ruce springsteen BORN TO RUN

gman

04-17 09:23 PM

Hello everybody,

Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.

1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
2. Do I need to let the attorney know that we are self filing for my wife?

Thanks in advance!

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chanduv23

04-08 12:00 PM

Guys:
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).

What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?

Any experiences..?

Thanks

It is common to all consulates and Embassy, it can be used anywhere, it will be drawn in favour of US Embassy, New Delhi. HDFC bank will issue you what they have to give, so don't worry.

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ram04

04-20 05:41 PM

Simmilar situation with my company- Company A merged with (B-India) and named as C .
We were informed all is well and taken care of with company's legal team.

Immediately after merger, I also got stamped in Chennai with old company name A in I 797 and enterd with I 94 at POE without any problem.

So it seems this may not be an issue. It isonly my opinion and personal experience.

Now a days many companys are following this route to cope up with new lottery H1 issues.

PD : Sep 04
I 485, I 140, Approved

- Ram

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Bruce Springsteen “Born To

larmani

07-31 07:41 PM

We filed 2 - 485 applications for each of us(One is primary in one set(Husband) and the other one is primary as second application(wife)). Both of our lawyers said it is ok to file like this. Once we get the 485 approval in few years we have to withdraw the sencond application.

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Title Of Album: Born To Run

GCVivek

03-29 05:13 PM

There is no 6-year H1B visa. There is only 3-year H1B visa that can be renewed again for a total of 6-years stay on US soil. If you have spent 5 years on US soil and your tourist visa visits add ip to say 5 months, you still have 7 months on your H1B term. Even if you get a new visa it will be only for 7-months validity. Sometimes, USCIS makes a mistake and issues new 3-year visa but that is a gamble. Why not just stay off-US soild for a few months?

I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?

---

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idea_sena

01-29 07:59 PM

I have a green card and I'm thinking about living 50/50 in US and my home country Slovakia.

I've had GC for about 6 years and been living quite a travelling life spending more time outside US then in. Its also about 50/50 with trips always around 10mo in or out.My continuous residency is broken.

Do you think that if i live 50/50 in and out for five years they will give me citizenship with such history?

Got GC after Mom.

Thank you very much for effort. It will help a lot in deciding where my life will go from here.

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maitabasa

07-29 10:54 AM

Thank you for the response. I guess one more follow up question. Since I already have an H1B stamping (visa) in my passport that is valid until September 2011 (which lists Company A as my employer). If Company B were to successfully apply for a transfer from B2 to H1B, if I travelled outside the USA, could I still return to the USA with my old H1B stamping in my passport or would I have to go to a US Consulate and get another H1B stamp (visa) that lists my new company?

---

funkycatspangky

07-19 09:03 PM

Thank you for all the quick replies.

I understand that in october, they might bring up some issues regarding Legal Green Card application.

One of them will be to clear the backlog for those who legally applied for the GC.

Can some kind soul please give me information about this ?

Does this applies to me or does it applies to the Employment based GC or GC application in general ?

Thank you for your time.

FunkyCat - Spangky

---

someoneincalif

05-21 01:34 AM

Folks, here are some lobbying and action items that will be very useful.

1) Try reaching out to your American friends/managers/colleagues and ask them to call Senators.

2) Universities are missing in action here. They are major beneficiaries of high-skilled immigration, because graduate school is typical first step. They must be concerned with not only the fact that special categories for researchers/professors is gone but also that lot fewer students from India and China will labor in their labs. COUNCIL OF GRADUATE EDUCATION is a good place to start.

3) Someone please write and op-ed piece of NY Times. They are pretty sympathetic to these kind of issues. A major criteria for publication in the op-ed section is that the topic should be current. The plight of legal immigrants can't get more current that this. Any op-ed piece will get major exposure to our plight. Here is a link on how to contribute to NYT op-ed: http://www.nytimes.com/ref/membercenter/help/opedsubmit.html
The op-ed should not be complaining in tone, but rather show the value of having a proper high-skilled immigration reform for the American economy.

4) Where are those powerful desis we see on rediff? There are many desi executives, board members. They regularly dole out money to campaigns. If they can't put a word for us now, when will they do? After all most of them went through this process.

These are only some ideas on how we can cause at least some ripples. Please contribute more and put some in to action.

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GCBy3000

01-10 10:06 AM

Can we make use of this town hall meeting? Any Idea?


http://www.aila.org/content/default.aspx?docid=20340

Town Hall meetings are an excellent chance for you to show your Members of Congress that positive immigration legislation is a priority for their constituents. Check this calendar so you don't miss these opportunities to ask your legislators for their positions on immigration, and tell them yours!

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kumar26fl

08-18 09:46 PM

Hi,

I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.

My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.

Any suggestions please

thanks

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gaffarkhan

07-16 02:23 PM

Mine showing as they recd on October 2nd 2006. Whether anybody got approved in that range from Nebraska?

Thanks,
GK

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Julia Roberts has bikini scare

WeShallOvercome

07-27 01:54 PM

See this from FAQ1 released by USCIS itself


Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf


I think you'll only lose 1-2 weeks as far as your RD is concered..

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more...

Julia Roberts,

WAIT_FOR_EVER_GC

09-01 05:50 PM

WILL DOS or USCIS release 750 new quotas for the Q1 of 2011 in the Oct VB? or just 250 new quota for Oct? then 250 for Nov and Dec?

Any history experience? Thanks,

Nothing is certain man..
Anything can happen.
Dates might retro.
Dates can move 20 days to May 28 2010.
Dates can move two months to July 1st.

It is a guessing game. No one can predict. Why? because the data given to us is not fool proof.

---

Julia Roberts

pappu

05-19 12:37 PM

Arnold's Baby Mama Is Guatemalan Migrant : Barbados Gazette (http://www.barbadosgazette.com/arnold%E2%80%99s-baby-mama-is-guatemalan-migrant/)

Don't you know this baby will stop Skynet in 2035 and save mankind ?

---

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nomadlhr

09-26 03:05 PM

Hi
I am going to appear for H1-B interview next month.
I was supposed to get my degree in 2000(Electronic Engineering) however due to backlogs and since I started job before degree completion I completed my degree in 2005.
Is that a real big problem?
Although I have double bachelors one in Electrical Engineering and other is science but my work evaluation is based on my bachelor of engineering degree.
Please help.

Tks
Nomad

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Sammo

04-22 06:18 PM

2 more, well 1 more, but I can't decide, with text or without text...or neither? :P

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desitechie

07-21 12:08 PM

Can someone respond please?

If my H1 transfer is approved on say 1st August 2010, do I need to join the new company immediatly say 2nd or 3rd or can i take some more time say 2-3 weeks (Aug 20th) to join?

Thanks

---

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mrudul_hr

12-06 09:47 AM

its good to use your OPT card as long as its vaild and then move to H1, there is no time frame for stamping, its always good to go to your home country and then get it stamped,but once you start working on H1(your payrolls starts on H1) then your H1 clock starts

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Lord Rahl

03-26 02:14 PM

Odd, I can't see anything. Link comes up blank for me.

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reddog

02-20 12:47 PM

Hi,

My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?

Appreciate your help!

No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.

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Julia Roberts in March 2009 at

josecuervo

06-22 03:53 PM

thanks all for answering

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Isabel Kelly (Julia Roberts),

sircaustic

07-16 01:14 AM

My MTR was received by USCIS on June 25, 2009. Today I received an auto-generated email with case status update. My MTR has been denied :-(

Any advice for the next steps is appreciated.

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gc_chahiye

07-14 11:29 PM

by filing that I-140 that LC became yours and so now you have that one year old LC that you need for the 1 year extension.

When premium processing opens up, you may want to upgrade your I-140 to premium and get the 3 year extension instead, up to you

if you have one I-140 pending, the second one cant be made premium, but can still be filed in regular.

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cs007

10-31 12:35 AM

Hi, I am in 8th year of H1b with 140 approved (EB3) from company A. I would like to switch to company B and planning to start EB2 quickly to enage a new interesting project . I have following questions related to the same and early advice from you all would be highly appreciated as am running out of time in engaging the new project.

1. Can I do H1 transfer from company A to company B using A's 140 approval after my 6 years of original h1b quota. I am currently on 8th year of h1b.

2. Can I able to port the priority date from company A's EB3 filing with the new EB2 filing from company B?

3. If company A cancels the 140, still can I able to port the PD ?

thanks.
CS

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sh1974

05-04 11:37 AM

Hi All,
I recently noticed the Audited Dates for PERM moved up nearly by 9 months to Dec 2009.
My labor filed in June 2009 has been in audit.
My employer is telling that that still my case is in process.
Has any body filed in 2009 and been in Audit got it approved recently?

Those of you who have audited PERMS should check with the employers as the employers may not be checking the status regularly. Please do post if you have any updates.

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gxtrader

10-02 02:49 AM

Fully paid?

Do we need to have the original receipt notices.

I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.

Can you guys think of any reason attorney not willing to give the original receipt notices?

Thanks.

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perm

07-06 10:08 AM

Media Drive - not even 9000 diggs from US!!??

There's a thread on media coverage which also states that we can get a lot of coverage amongst people via Digg.com.

What is digg and how it works- (wikipedia)
Readers can view all of the stories that have been submitted by fellow users in the "digg/News/Upcoming" section of the site. Once a story has received enough "diggs", it appears on Digg's front page. Should the story not receive enough diggs, or if enough users report a problem with the submission, the story will remain in the "digg all" area, where it may eventually be removed.


The highest rated digg in last 7 days (with 8632 hits / diggs) is that of a iphone. Our issue could not even beat the new iphone release. Immigrationvoice has about 14893 members, 7939 active members. If each member does a digg for himself and other one for spouse, we should have atleast 14000 digg to keep our write ups LIVE, in the minds of all the people visiting this page.

Our Diggs
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/FLOWER_DAY_JULY_10TH
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
http://digg.com/politics/Feds_play_games_with_immigrants
http://digg.com/politics/Immigration_Malpractice
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
http://digg.com/politics/Legal_Workers_Lose_Chance_at_Green_Cards_2
http://digg.com/politics/Door_to_getting_a_job_based_visa_closes_abruptly

---

prinive

07-10 01:07 PM

No.

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Refugee_New

03-20 03:04 PM

Hello,

Does anyone work for Covansys?? I am in the process of talking to them for employment on H1B. Any issues with this company? I appreciate your comments...

They are big and you can join them without any hesitation. I worked for them for more than 6 yrs. I am not working there any more.

They are pretty good at filing H1Bs and GCs. Good Luck

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ronitm

06-30 12:01 PM

I selected H1B: SPECIALITY OCCUPATION as that was the manner i last entered the country in Dec 2007. Even though i have an AP(haven't used it) but for my wife(who entered on AP) i selected DA: Advance parole. So if you used AP at POE then your status is DA. Hope that helps :)

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nsn1234

07-27 12:11 AM

Hi,
my original labor got approved with a PD in July 2007 with Company A who is my current employer. I also applied for a seperate 140 based on a pre-approved labor in July 2007 with Company B and the PD for that labor is in 2005.

i was told that i can apply for 140/485 with my original labor and once the 140 for the pre-approved labor is approved, i can request for replacing the 140 with the other one with an earlier PD.

could any one repalce the 140 like this? if yes, how long it took for the process. does both 140 needs to be approved to do the interfiling?

what details we need for the 140 that we want to use. just the filing date, A# & approval date or the original or copy of the approval notice.

if Company B or its attoreny is not willing to provide the 140 details or approval notice, is there any way to get those details from INS.

i dont have any details with me except that i know that they applied for 140.

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Blog Feeds

12-23 04:40 PM

For the antis who are still making the tired argument that we need to enforce existing immigration laws before we can consider legalizing the millions of out of status immigrants in the US. This is one more piece of evidence that serious enforcement is happening.

More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-enforcement-through-the-roof.html)

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VMH_GC

07-23 08:17 PM

Bump ^^^^^^

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chaukka

09-11 11:07 AM

Two questions for the experts...

I am on J1 visa and have received a home residency requirement waiver. Do the experts here know if I can apply for a J1 visa extension (after receiving the waiver)? I read somewhere that it may not be possible to do so.

Also, are there are any foreign travel restriction on a J-1 visa?

Thanks

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Roger Binny

05-04 07:07 AM

+1.

Whatever may be the outcome, it will be either better or lot better than current condition atleast in illegals case.

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hsadan

05-22 06:32 PM

i want to do a camera animation...
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eilsoe

10-07 10:39 AM

Notice the change in the eyes... :)

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greatzolin

08-27 01:21 PM

I invite you to go to the next site..
we are tracking all July 2nd filers w/ different cleark's who signed.
I'm a "victim" of Pitcher.
Good luck!

http://immigrationvoice.org/forum/forumdisplay.php?f=14

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seeking_GC

07-14 07:16 PM

Hi,
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?

I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.

Cheers!

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jim

06-25 04:24 PM

did you get any RFE before approval.

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andycool

02-02 05:57 PM

My attorney told there is no problem......

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srarao

09-05 08:32 PM

Hi
My middle name is given only initial on not full on 1-485 ,131 receipt but 765 has full name
can any one advise me on how to resolve it.

I am on H1 now and my H1 B approval also had my middle name as initial.

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HRPRO

05-05 02:25 PM

Shouldn't take more than a month in most cases. Of course there are excpetions.

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sanjay02

01-12 12:47 PM

Hi
What are the implications of REAL ID act with regard to driver's license? I apologize for posting some thing off the subject.

http://online.wsj.com/article/SB120010979353085903.html?mod=googlenews_wsj

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wandmaker

11-28 03:58 AM

mhtanim: Your job description with employer �Y� should be similar to position �B�

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lghtslpr

03-13 05:00 PM

In the March issue of BioScience (a widely read scientific journal) Gillean Andres reports on the growing momentum for new federal incentives to attract new students into careers in science, technology, engineering, and mathematics. The article is available here: Washington Watch: The Cost of Doing Business: Should the United States Create Incentives for science, technology, engineering, and mathematics (STEM) Labor? (http://www.aibs.org/washington-watch/washington_watch_2006_03.html).

Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.

So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.

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AK01

09-11 03:28 PM

Based on the result of the query to http://www.pbls.doleta.gov/pbls_pds.cfm

What is your status?

Poll:

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glus

02-23 01:54 PM

If the position you are being sponsored is 50% or more different than the position under which you have gained your experience, then experience gained in the same company can be counted. Your attorney somehow has to show that the postion you have now is more than 50% different (duties etc) than the new one. This is a tricky one and you would need a GOOOOOOD attorney to do that.

G

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uimv

05-31 02:54 PM

Thanks. So if I-485 is approved, then all OK.

What happens when there is a problem with I-485: Denial or NOID ?
If denial, and in US, MTR can be filed and if MTR accepted, the period (from Denial) is considered as legal stay (even if not maintaining H1b status).
But if denial, and outside US, you can NOT enter on AP. Correct ? Here only option to enter US is H1b ? Can MTR be filed ?

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avi101

03-12 09:21 PM

PD has to be current for the I485 to be accepted. For a dependent's application, Primary's PD is used. Bottomline, you will have to wait till your PD becomes current to apply for your wife. Most likely, the application will be returned.

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