Thursday, June 30, 2011

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  • mamsie1
    07-14 12:28 PM
    I have an H1B approval from USCIS, and I am trying to go to Canada for the initial visa stamping. But then i have a problem. I initially entered the country as a visitor, and married a citizen, but only after my I-94 had expired for about a week. (My petition is still pending. The company I am working for could not wait for my greencard, since its already been years since I started that process, so they went ahead and applied for the H1B visa for me). I heard that it is a problem to do the visa stamping in Canada if you have been out of status before. Is it advisable to go to Canada for the visa stamping?
    :confused:




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  • hoolahoous
    11-17 12:21 AM
    yes they take all 10. I think she will be fine




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  • STAmisha
    12-05 04:32 PM
    I applied an LC from an employer on March 27th 2005 (Pre-PERM)
    It is shifted to P-BEC. I have not got any 45 day letter for that
    How do I get the 45 day letter?




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  • saminny
    12-13 12:57 PM
    I have been in H-1B status for 4+ years. This year, I started attending full time college and had applied for transfer of status from H-1B to F-1. However, my application is still pending with USCIS. Since I need to travel home urgently, I was wondering what steps should I take before leaving so that my status is not affected. Because if I travel abroad, I will be applying for new F-1 at a US consulate, do I need to cancel my application with USCIS here before leaving? Are there any consequences of keeping my application pending here.

    Any advice is very much appreciated.



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  • gg123
    03-13 08:35 PM
    Not true. Please check with your lawyer for these type of queries.




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  • apt29
    01-12 02:32 PM
    Hi,

    Recently we moved. So I did not apply the AP renewal(a two month window) till we move. But now my wife has extreme family accident/emergency in India. So we applied for AP online and went to Chicago field office (we went there because kid also need INDIA VISA STAMP) and to Milwaukee office with letter from document. They said that they would not approve. So I have sent the support document s for I-131 to the Texas Service center in overnight courier service today. I have H1 valid till may 2010. What are my options?

    Does her travelling on H1 with AP pending will cause problems to I-485?

    Thanks for your help



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  • xtronics
    10-26 02:16 PM
    Hi,
    My wife's H4 was recently approved along with my H1. We both have different last names. My name is misspelled, an "a" missing and her middle initial is also different. What can I do to get a corrected H4? Can I go to local immigration office or something? My lawyer contacted the USCIS and they said they will respond in 45 days. They don't even guarantee that they will correct the approval document.
    Please let me know
    Thank you so much for your help




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  • vishwak
    09-09 03:58 PM
    By this, we can understand that dates are not going to Retro......good for us.



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  • vinaypuri
    04-25 10:21 PM
    Hi All,

    My wife is on her first year of OPT, she is masters in STEM so she is eligible for 17 month extension.

    In-order to re-new her OPT she needs get herself e-verified. However, her employer said thay they are not registered for e-verify system.
    My question is �
    - Is it possible to renew OPT without e-verification, if yes how?
    - What are options in that case if her employer does not e-verify?

    Please advise, Thanks,




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  • freddyCR
    August 12th, 2005, 03:51 AM
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  • njbks
    04-21 10:36 PM
    Thanks for your response, thomachan72!




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  • svam77
    07-18 10:26 AM
    Please post the information here if you filed labor substitution with I-140 in July 2007.

    Sent Date: 12-Jul-2007
    Received Date: 13-Jul-2007
    Receipt Status: Dont know.


    This would help all of us in the similar situation to track the number of days CIS is taking to issue the receipts.



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  • snathan
    03-02 06:13 PM
    Hi, i have filed I-140 3 months back and it is still in process. Am I able to file I-485 in parallel to the I-140 now.

    Whats your country of chargeability and category...

    EB1 - Yes, you can
    EB2- ROW - Yes

    EB2 I/C - wait time is 3-5 years
    EB3 I/C - wait time is 10-12 years

    EB3 - ROW - wait time is 5-6 years.




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  • immi_seek
    05-10 02:13 PM
    Hi all,

    I got my labour approved in Jun'07 and applied for my I-140 in Aug'07 and have been waiting for it to be approved since then. I have not yet applied for I-485. Also,I am almost reaching my 6th year of H1-B visa(FYI:I have not got my visa stamped yet).

    Now my questions are,

    1) Will I be able to switch my employer now that I am in my 6th yr of H1-B.
    2) If it's OK to switch, how many months are supposed to be left on H1-B visa to transfer to another employer.
    3) What will happen if my present employer revokes my GC application.
    4) When is the best time to switch as I will get 3 yrs of extension once I-140 is approved.
    5) Will I be able to retain my priority date if my employer revokes my GC application.

    Please do respond. I look forward to your replies.

    Thanks.



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  • fromnaija
    07-18 12:27 PM
    Ron Gotcher talked about USCIS processing times here:

    http://www.immigration-information.com/forums/showthread.php?p=20705#post20705




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  • kirupa
    07-06 11:22 PM
    Added :P



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  • Esherido
    07-11 04:20 PM
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  • brahmam
    05-16 07:44 PM
    Hi,

    Once our 140 is approved in the sixth year of H1B, I learnt that we can seek a 3 yr extension. If that's the case, can we change companies during that 3 yr period or are we stuck with the same company that sponsored the 3 yr extension?

    Thanks




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  • flashxsite
    11-27 05:40 PM
    Need A Flash Site, Games, Or Animation?
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    Pari8
    01-24 07:05 AM
    I was working for company A in US till June 2008. I had to return to India in July 2008 due to personal reasons. My 6th yr on H1b expired in October 2008.

    I am now in India and applying for 3yrs H1b extension based on my approved I140 with company B. My I485 was filed in august 2007. I do not have US pay stubs since July 2008 as I did not work in US.

    Has anybody been in a similar situation? What are the chances of getting approval? Once I get I797 approval, should I expect further challenges in getting visa stamped in India?

    thanks
    -Pari




    debasishjena
    05-25 03:05 AM
    Hi All,

    I have I140 approved in EB3 in Jan 2011. I485 is still long time to go. Can I change my employer and apply in EB2 and port my priority date?

    Thanks



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  • imh1b
    05-19 09:39 AM
    Economic recovery will create more demand for H1Bs definitely. Quota will be over in a day.




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  • mjdup
    05-26 09:11 PM
    - recently obtained a duplicate passport for my stolen passport, unfortunately also lost I-94 when received in Dec.08.
    - Can I use the I-94 attached in the bottom of the I797? I won't have time to submit I102 and wait for replacement I-94.

    - I've a trip coming very soon to Germany, last year had obtained the H1b stamping at US consulate in Germany, will it be ok if I apply for restamping at the same consulate because of time factor I'm not able to Canada or Mexico or India.

    Any help and advise will be much appreciated. thanks !




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  • Edison99
    01-18 09:21 AM
    Let's keep our fingers crossed and hope for the best...

    There are some positive signs over the last few days but I'm not sure I'd be as optimistic as Stewart Lawrence, but he's made some interesting observations.

    More... (http://blogs.ilw.com/gregsiskind/2011/01/gop-moving-back-to-center-on-immigration.html)




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  • sss9i
    09-27 02:44 AM
    http://www.shusterman.com/cgi-bin/ex-link.pl?www.aila.org/content/default.aspx?docid=23415



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  • ravise
    12-09 10:39 AM
    my cousin traveled from chennai to nyc via brussels , used AP. No issues.




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  • Blog Feeds
    05-26 11:30 AM
    The Senate has passed a resolution sponsored by Senators Kohl (D-WI), Voinovich (R-OH), Brownback (R-KS) and Wyden (D-OR) that recognizes June 6th, 1939 as one of the most shameful days in American immigration history. The text of S. Res. 111 tells the story: Recognizing June 6, 2009, as the 70th anniversary of the tragic date when the M.S. St. Louis, a ship carrying Jewish refugees from Nazi Germany, returned to Europe after its passengers were refused admittance to the United States. Whereas on May 13, 1939, the ocean liner M.S. St. Louis departed from Hamburg, Germany for Havana, Cuba with...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/resolution-would-recognize-ss-st-louis-tragedy.html)



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  • ajmh96
    05-21 10:34 PM
    Hello Friends,
    In January I filed i765 (17 month extension) and I received the 797C notice which had a typographical error (Birth date error caused by USCIS), so I informed USCIS and got that corrected. I received a letter stating that the birth date has been corrected but eventually, when I received the approved EAD card, the error was still there. Then, I reapplied the i765 form with all the necessary docs and the original EAD card, but somehow, it got lost. I applied the whole application set again but this time with the photocopy of the EAD card, the error proofs and a cover letter but no check/money order.

    It's been 1 month and I have not received any updates on my case. I called USCIS and they don't have any updates on the case. Do you think USCIS can cause a problem in approving my application and can I still work while my application is still pending.

    Ajay Malhotra




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  • rjakkani
    03-01 06:02 PM
    I have a approved I-140 with company A. It is a substitute labor.
    I am getting laid off end of the month and I have a new offer from company B.
    Can I port priority date of this I-140 to new company B? Does porting work for substitute labor also?

    Thanks



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  • Macaca
    10-05 08:39 PM
    The Failings Of Heroic Conservatism (http://www.realclearpolitics.com/articles/2007/11/the_failings_of_heroic_conserv.html) By George Will | Indianapolis Star, November 25, 2007
    A Gathering of Young Conservatives (http://www.washingtonpost.com/wp-dyn/content/article/2007/11/17/AR2007111701329.html) Former Reagan Ranch Is Site of Annual Retreat for Politically Active Students By Krissah Williams | Washington Post Staff Writer, November 18, 2007
    Conservatives Are Such Jokers (http://www.nytimes.com/2007/10/05/opinion/05krugman.html?em&ex=1191729600&en=fb619e4d74a10758&ei=5087%0A) By PAUL KRUGMAN | New York Times, October 5, 2007
    The Republican Collapse (http://www.nytimes.com/2007/10/05/opinion/05brooks.html?em&ex=1191729600&en=a469b21dd5ec2170&ei=5087%0A) By DAVID BROOKS | New York Times, October 5, 2007
    The New L-Word: Neocon (http://www.nytimes.com/2007/10/04/opinion/04cohen.html?ref=opinion) By ROGER COHEN | New York Times, October 4, 2007




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  • deecha
    03-05 12:02 AM
    Yes.

    Hi,

    I currently am on F1 Visa- OPT valid till June 2011.
    My employer will file for H1 this April.
    If my H1 is rejected for any reason, will I be eligible to work on F1 - OPT visa?

    Thanks
    Santosh



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  • JunRN
    08-26 05:37 PM
    I think NSC is still following the EAD processing date unlike TSC which approves EAD application during "receipting".




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  • freedom_fighter
    12-15 12:36 PM
    Hello,

    I'd like to know can a dependent (not the prime applicant) on a pending 485 status, avail unemployment insurance, especially the extended benefits which are being given by Federal govt. to the states.

    This is the latest from USCIS :

    http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf

    it says, that unemployment compensation is not public charge.

    Does it even apply to both standard unemployment insurance and the extended benefits.

    thanks



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  • pappu
    02-16 08:11 PM
    We need help from IV members to add content in IV wiki at a single place (probably http://immigrationvoice.org/wiki/index.php/Immigration_to_US under frequently asked questions) that will be a guide for anyone that needs such information. People should know how to complain against any exploitation, fraud, not paying etc or anything illegal related to Immigration or Labor laws.

    One such link that can be added in this section is :

    http://www.dol.gov/esa/whd/forms/fts_wh4.htm




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  • Seek_Gc
    11-03 10:42 AM
    No.

    Thanks



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  • Green.Tech
    10-01 02:13 PM
    ^^^^^^^^^




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  • hunkuncontrolled
    03-04 05:53 PM
    I think people who haven't applied for their green card until now won't ever be able to do so....DOL won't ever make PERM certifications easier.



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  • nagarimohan
    10-29 11:06 AM
    My Situation:
    I am on H1B visa and working now with employer �A� (from Jun 10 to Till Date)
    I was working with employer �B� (from Jun 09 to Jun 10)
    I was previously also working with employer �A� (which is now my present employer) from Jul 08 to Mar 09,
    My H1 Transfer from employer �B� to �A� has been filed in last Jun 10 but it is in Process now.
    Now my present project is over, I have got a project with employer �C�
    My Questions:
    1. Can I join the employer �C� by filing another H1 transfer? as of now still my H1 Transfer (employer �B� to employer �A�) is in process.
    2. I have also got another project with my ex employer �B�, I can see the I797 petition of the employer �B� is still showing a status of approved in the USCIS state, it has not been reoked. Can I rejoin the ex employer �B� without filing any new H1 Transfer ( from employer �A� to employer �B�).

    Will appreciate your answer,

    Thanks,
    Nagari




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  • dpp
    10-25 07:28 PM
    Hope this bill helps us !!!:confused:

    http://www.immigration-law.com/

    It has more harm than good. H1B fees increased too much. I hope they will remove this H1B part from the final bill. Anyway Bush is ready to veto this bill for sure.




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  • bmoni
    03-17 10:53 AM
    If you have successfully transfered your PD after your I-140 approval. Please post your experience.

    I have seen I-140 threads for a while ..everyone have a opinion ..but none of you have gone through it....its misleading we can quote different websites and USICS documents ..only people who actually transfered PD can share. How they did it. Whats the process. Please respond to this thread only if you have successfully transfered PD after I-140 approval.

    Thanks,




    seshadrik
    02-01 07:18 PM
    Hi,
    I did not find a conclusive answer to my situation when i looked up multiple immigration forums.Hoping you folks can help.

    My H1B expired on Jan 13th 2011 and my employer filed for extension on Dec 17th (Regular process) for Client A using LCA filed for City A. The case status is in initial review. Due to project reasons employer now wants me to move to City B for the same client. But my company's immigration dept have some reservations doing the relocation while the H1 extension is not approved yet.

    1) Can we move to a location other than the one filed in LCA before the extension approval.
    2) Can we use a already existing LCA for city B.( My company already has a Blanket LCA in city B). what is the relationship between the validity of the LCA and the H1 extension that is being requested in the petition.
    3) Can we file a new LCA for city B. would this need a H1 amendment
    4) Will any of the above options negatively impact my extension approval.




    sg2409
    08-27 10:17 AM
    It seems that the TSC is processing the applications in the alphabetical order of the state. The info is based on some chinese forum. I am not sure how true the info is.

    Are there any one from New York/New Jersey who have already got the receipt numbers? I have filed from NY and no info yet on our I-485. BTW, I am a july 2nd filer.



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  • poarhc
    04-17 08:42 PM
    1)Company A (GC sponsoring company) filed H1B 3 years extension based on approved 140 six months back and it is pending since then and got RFE .My previous H1B expired 3 months back.
    2)Now i would like to switch company B by using AC21 and want to file H1B renewal also with company B.
    Is it possible to file H1B renewal with company B by using pending receipt notice of H1B (that was filed by company A)? or do I need to wait until get H1B approval that was filed by Company A?
    Experts please suggest?
    Thanks in advance




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    03-09 07:29 PM
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    08-06 12:50 PM
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  • GCBy3000
    01-11 06:11 PM
    http://www.immigration-law.com/

    01/11/2007: February 2007 Visa Bulletin

    Schedule A special category is gone and EB-2 and EB-3 for entire countries including India and China remain the same as January.
    More painful is lack of the State Department prediction for visa number changes in the future! Ominous sign?
    Family categories showed a steady, albeit about one month or less or more, movement ahead.



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  • ns33
    10-23 05:37 PM
    Hi,
    I tried to search for this and could not find anything.

    When dealing with 485 portability using EAD (with approved I140),
    what happens if your underlying LC is a location/region/state bound and you end up moving to out of that specified region.

    Job duties/job code can stay similar with probably salary increase.
    Does the location violation get equated to unequal/dissimilar job duties resulting in 485 denial?


    Chances are that should I have to invoke AC21 portability(due to layoff or something alike), I'll be facing this so I just want to be prepared for possibilities.

    Thanks for insights.
    NS

    PS: In other words: What will be considered violation or conditions for Similar job duties if job title and responsibilities stay same but other factors - i.e employer, location, salary cap changes.




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  • panky72
    06-23 10:52 AM
    Where can I do status checking? At what site?

    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=cabgStG5cPwU Jh4hj71Qr



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  • gk_2000
    05-01 02:46 AM
    Thank you supes.. may Batman, Spiderman, lizardman, ordinary man, every man follow your suit and keep immigration in front page :-)




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  • solaris27
    08-10 08:42 AM
    Does any one knows why EB2 India is not approving in comparison to 2006.

    As my understanding that USCIS should process application in FIFO and PD.

    My PD is Feb 2005 and when I talked to CS he told me that everything is cleared and my case should be approved .

    He told me to call after 68 days ( don't know why) if my case is not approved till then.I am seeing peoples with 2006 PD are getting there GC .



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  • Moillychalanglninu
    04-27 07:05 AM
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  • SilverLining
    08-08 06:08 PM
    http://immigrationvoice.org/forum/showthread.php?t=12023&highlight=location



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  • Blog Feeds
    03-05 06:20 PM
    Immigration Lawyers Blog Has Just Posted the Following:
    50 new individuals become naturalized U.S. citizens March 1, 2010 in a special ceremony at the Robert F. Kennedy Department of Justice's Great Hall. In light of this special ceremony, the U.S. Citizenship & Immigration Services (USCIS) has published the following citizenship statistics:

    1907: 7,941 individuals naturalized
    1908: 25,975 individuals naturalized
    1971-1980: 1.5 million individuals naturalized (main areas were Europe, Philippines, Cuba and China)
    1981-1990: 2.3 million individuals naturalized (main areas were Asia, Canada and Mexico)
    1991-2000: 5.6 million individuals naturalized (main areas were Philippines, Vietnam and Mexico)
    2001-2010: Over 5.6 million individuals naturalized (main areas are Philippines, Vietnam and Mexico)

    http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/_QKlU7h7aYA



    More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/_QKlU7h7aYA/us_citizenship_statistics.html)




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  • Silvermanto
    05-26 06:23 AM
    Hi I'm a US citizen and have around 15k or less credit card debt. All government loans were paid off. Something happened three and a half years ago in my home town and I had to leave Washington state and took care of it. So my question is: it's has been 3 and a half year and I'm heading back to washington state for short visit.
    1. I'm sure the debt did gall into collection agency. Will it go to court?
    2. Since I had been gone since 2007 and will there be a warrant on me since I didn't appear to court (if there was one)
    3. I will be entering Vancouver bc airport then to Seattle by driving. I'm afraid I will get caught for warrant at the border.

    Hopefully someone can answer my questions and thanks for the help in advance.




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  • iv_only_hope
    08-15 04:57 PM
    Friends I need an opinion regarding my wifes situation. She is currently on H4. She was on H1B before some time back which she had stamped in India itself. That H1B expired. She moved back to India. After 5 years now she applied for new H1B and got it in the quota. When the dates advanced we applied for her EAD. We were hoping to get it in 60-70 days. Now its been 75 days at TSC and no signs of approval. She had job offer based on EAD since we thought might as well use that. Now we are thinking she should get her H1B stamped because we dont know when her EAD will get approved. For that do you think going to Canada for stamping is safe. She has a Bachelors degree from India. Or do you think going to India only is thesafe option. Mainly I asked was I did some search and found out that its safest in Canada if you have US/Canadian Degree. Is that true or I am wrong and its safe for everyone. Thanks.
    Amar



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  • mkamishetti
    07-25 06:20 PM
    hi, any suggestions on the following thank you note,
    �Thank you for your efforts to accept our I- 485 application and other applications filed on early hours of july 2nd towards obtaining permanant residency and serve the people of this great country . And for relief announced with the DOS visa bulletin on the 17th of July and the USCIS decision to allow 31 additional days for filing the petitions. This means a lot to my family and me. We whole-heartedly appreciate your gesture.�




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  • vrbest
    01-24 04:02 PM
    We did the renewal last year .. but never showed EAD. Just 485 receipt and got 4 year renewal.. Helped couple of friends to do the same and they also got the 4 yr extn.. This is in Columbus OH area. (Go to Morse rd/Karl rd or kenny rd office)



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  • OLDMONK
    06-21 03:48 PM
    It has to be 693 as per my understanding. The doctors usually have their versions of 693, in multipart (3-4). I think the 4th part is green and is intended to be your copy. Along with 693 there is a supplement page for vaccinations etc.




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  • kanshul
    01-30 12:01 PM
    When you use EAD it does not matter if the company got any money under the TARP program or not.

    You should not even bring this to the attention to your HR. Go and use EAD as if the company is just any other company, make sure that the job is "same / similar" and get a lawyer for using AC21 portability.




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  • some_guy
    10-17 05:42 PM
    My application reached on July 17th but still no receipts received. Called USCIS saying its already 90 days. They took my data and gave me a referal number and asked me to call back after 1 month again... :(

    They dint even check whether my data is entered into the system or not.




    thakkarbhav
    01-12 10:09 AM
    why new thread...?




    easygoer
    08-17 03:53 PM
    Lawyers please help,

    I am on my 7th year of H-1B (not stamped) and H-1B is due to expire in 2011. I am with the same employer since beginning of H-1B. My AOS is pending and have received AP and EAD.

    I am planning to visit Canada next month and want to enter USA with the help of AP. My question is Can I continue my salary using H-1B with the same employer? I read somewhere that I can use my H-1B for salary processing in such circumstances provided I am working for same employer.