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  • kumarr
    01-01 05:00 PM
    Congrats! Very happy for you :)





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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!





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  • pappu
    03-23 03:15 PM
    If someone can scan this thread
    http://immigrationvoice.org/forum/showthread.php?t=23555

    and PM those people who said they are affected, it would help.





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  • gcfriend65
    12-07 03:06 PM
    databases for CSC and NSC are aligned and then notices are sent automatically. Unless that happens one has to wait to get the FP notice.
    bump /\/\



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  • coolvigo
    07-15 10:45 AM
    Did either of you check with your lawyer on this?





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  • SGP
    12-11 06:38 AM
    You are EB2 and should be very happy. Imagine the pain of EB3 guys.

    You will get your greencard in no time.

    If you are depressed and frustrated in EB2, what do you think EB3 is?

    So true !



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  • div_bell_2003
    03-24 07:42 PM
    It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.


    Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?





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  • lecter
    February 18th, 2004, 10:04 PM
    that would sell a lot of 1Ds's



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  • lazycis
    02-28 08:31 AM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.





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  • Legal_In_A_Limbo
    04-28 08:27 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.



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  • polapragada
    02-17 11:43 AM
    we worked on this op-ed article and Nitin did exceptional hard work and we can see the results here -
    Hindustan Times Article about Discriminatory Amendment
    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
    OR
    http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000

    We encourage all members to send us op-ed articles and will do our best to get them published in the media.

    thanks for your efforts





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  • pappu
    09-01 10:06 AM
    Yes, you must get another letter from company A, HR or some big official with all dates.
    Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.

    And select a good lawyer. Read IV spotlight topic on it.

    Ability to pay and RFEs used to be my favorite subject few years ago :)



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  • madan
    01-11 11:05 AM
    Thank You...

    If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.





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  • ram006
    07-17 09:35 AM
    I meant re-apply for her 485

    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,



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  • lazycis
    01-10 08:26 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    The bad part of it in your case is that NC is still pending.

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

    So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

    http://en.wikibooks.org/wiki/FBI_name_check





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  • bajrangbali
    06-19 04:34 PM
    US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.

    Why is US bothered about the protests in Iran regarding elections? BBC, CNN and other media is flaming those young protester's passions. If you see the comments on these news sites, they all come from Iranians under 25 yrs..everyone knows that is hot-blood age and people take defeat to heart. Media is showing this as a civil war :D

    How about the civil war in Iraq? How about the protests of Indian students in Australia and the racial attacks on them? How about the recent massacre of tamilians in SriLanka?

    Afterall, US media is no different than third-world mafia which can go to any extent to SELL their version..hopefully people have not yet forgotten about the WMD in Iraq :D

    US Media should take care of the domestic issues in US rather than posting biased news and flaming young adults in other countries...

    Self-righteousness and justification of the politicians is shameful to say the least while complaining about the Iran protests while covering up the rapes and abuses in US prisons. And US will not allow Iran to have a nuke :D can you believe that coming out of the only country which used nukes on CIVILIANS and that too TWICE :D

    Ron Paul is right...US should mind their own business instead of maintaining a world empire...lets get the financial crisis mess cleared up..lets get the people back to work and reduce unemployment...why all the hypocrisy, what for??



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  • Rsamuga
    07-16 03:03 PM
    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!





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  • SDdesi
    06-02 09:15 PM
    This is a disaster for all FDBL clients. Wonder how this will affect people who have a I140 approved and 485 pending?





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  • freedom1
    01-22 04:18 PM
    i got similar message, but this was for Advance Parole not 485...

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    Your AP might be on your way!

    Freedom1.





    kumkum
    08-04 01:46 PM
    Thank you very much Mr.sk.aggarwal.i will call them.





    gaffarkhan
    07-16 02:03 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK



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