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  • greensignal
    01-04 02:17 AM
    I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.

    Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b


    Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.

    Who knows you might get the I140 approval in regular processing also before your 6 years is complete.

    just do what you can

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  • MrWaitingGC
    09-07 07:38 PM
    There is no time limit of out of status.

    Once you are out of a company you are out of status.

    So make sure Company B at least files your case before 15th.

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  • Jeffphoto
    July 27th, 2006, 08:43 AM
    Pretty cool people in your city, Antonio. 'Round here they just feed corn to pigeons!

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  • Sushana
    01-15 07:52 AM

    I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.

    Thanks in advance for your guidance.


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  • probe
    09-04 02:25 PM
    Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
    A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.

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  • amitjoey
    04-05 04:11 PM
    I did not notice this thread, I am from Sacramento, CA


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  • gcbackup
    10-09 10:34 AM
    I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
    My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.

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  • amitga
    01-25 09:37 AM
    Even GC cannot work on security Clearance projects. Only Citizens allowed.


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  • arnet
    11-22 09:29 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.

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  • mariner5555
    04-29 04:00 PM
    I came across this one very interesting read on how the Visa cutoff dates are established...
    I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
    say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
    (In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)


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  • desigirl
    12-01 09:55 AM
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!

    get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer

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  • krishnam70
    02-23 10:19 AM
    I want to transfer my H1 , I got aproject . But I dont have Jan Pay stub . I have up to Dec 2008. will it cause any problem for transferuess

    I guess your question has been answered many times.. If you do manage to get the H1 filed there will definitely be an RFE. Instead please try to speak to your employer and get the pay for the time you were off the project as he is legally supposed to pay your salary even if you were off project. You can always request payroll's run for backdated wages. If you are not able to convince your employer to pay you file a complaint against them at DOL and then apply for H1 transfer with supporting information so that the USCIS gets to know that it is not due to a fault of yours that you are unable to produce the pay stubs

    - cheers


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  • gsc999
    08-05 10:49 PM
    It seems as if the Big B has not given up on this issue just yet. He is making it a point to mention it atleast once each week, despite what other international developments are going on. I think he will be putting the full court press on the house republicans, it will be interesting to see whether he gets them to accept some compromise.

    Republican Congress("C") is in no mood to play ball with Bush.
    In fact it is a three way fight, with Senate not passing the "Minimum wage/ Estate tax bill," Congress is in no mood to bargain with Senate either.

    Let us think about our strategy for a Democrat controlled Congress in February 2007.

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  • Blog Feeds
    05-12 05:20 PM
    The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.

    Small and seasonal businesses hire American workers and they do hire every qualified
    American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.

    Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.

    Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.


    � An H-2B visa returning worker extension will go a long way in helping small and
    seasonal businesses survive in the short term. The extension would provide
    emergency relief by exempting from the cap H-2B returning workers who already
    have successfully participated in the program in one of the previous 3 years.
    � Without Congressional relief soon, many U.S. businesses will be forced to limit their
    services or close their doors permanently rather than be a part of the economic


    � H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
    Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
    Act of 2009 (H.R. 1136/S. 388).

    More... (


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  • ameryki
    06-18 04:08 PM

    I am on Adv-Parole (with EAD) and planning to visit India in July 2010.

    I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?

    Will appreciate the response.


    if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.

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  • rayoflight
    05-05 03:39 PM
    Hi Folks:

    Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.

    I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.

    Agenda for the meeting:

    nixstor would be updating us on the following issues.

    (1) State Department's Forecast on the Visa Bulletin for the remainder of
    the year

    (2) Immigration legislation progress on the hill & WH so far

    (3) Miken Institute Global conference on Housing and Immigration.

    (4) DC/MD/VA chapter


    P.S Ask for the conference room at the library.

    For those who are in MD and wondering why the Tysons location

    (1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.

    (2) Tyson's Pimmit is conveniently located off of 495.


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  • northstar
    07-20 06:38 PM
    I got appointment letter for Biometrics from USCIS. I already gave in 2007.
    Why are they asking again? and I only got this, my husband and son didn't get it.

    Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.


    Nothing to worry, go ahead and give your biometrics, my friend did it twice. If you want more clarification to sleep better, take infopass and get things clarified

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  • IneedAllGreen
    06-18 12:41 AM
    Its alright most of the time USCIS looks for last year or last 2 years tax return. I think W-2 is good enough to prove that you are eligible for Tax return.

    Hi everyone,

    I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.


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  • pawelw
    07-05 12:42 PM
    Thanks for your replies.
    Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).

    11-30 10:47 AM
    I had to look up the meaning of WPF :)

    No - I'm using VS 2005 .NET. It is a standard Windows Application Form in C#.

    The combo box selected index value change causes 2 panes to change. The one pane allows the user to Update information of the Item in the selected index. The other pane displays all database elements FKeying to that item.

    So sometimes the user may update the portion of the information that is set as DisplayValue in the combobox. The object itself is updated, but the combobox text remains as the old value.

    I'm essentially looking for a best practice in doing this. Whenever updating a member of the combobox should I rebind the datasource? I tried using the Refresh() and Update() methods but they do not update the display value.

    10-27 05:00 PM

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21?

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

    3. Can I work on 1099?

    Thanks in Advance.

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