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  • jthomas
    03-27 09:45 PM
    May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


    ________________
    Not a legal advice.

    from the immigration officer. they have to combine both the cases and then have one process the green card. Normally spouse married to US citizen gets green card within 5 months. The green card interview happens approx 3 months after filing I130. If the case is okay the papers are kept in a green file and have to wait till the employment based I-140, I485 will be combined and then they would get their green card. If there is anything missing or any questions, it would delay fuurther. Secondly The A number remains the same in both the application.
    The bad part, the candidate has to wait because he was in H1B for a long time.





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  • linray
    06-14 12:38 PM
    Bolt,
    Could you please update this post? Per the post, I got some points:
    1. Your H1B extension denied and your I-94 card is expired
    2. You filed H1B transfer again using premium processing
    3. You got approval

    Did you get a new I-94 card since your I-94 is expired?
    Do you need to leave the USA for stamp?





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  • SGP
    11-27 04:56 PM
    I can't agree less with snathan





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  • gconmymind
    04-09 03:30 PM
    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.

    will let others answer....



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  • kmk2002
    07-02 03:36 PM
    There are many EB3 cases going back to 02 which are approvable with I-140 already approved. I am no expert of immi. rules but if point 2 is true, it is a case for further research.


    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)





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  • ramaonline
    03-23 06:11 PM
    Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
    You must report all income earned while filing ur taxes

    Please confirm with an immig attorney



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  • ss2005
    06-17 04:12 PM
    Hi GCCovet,

    Thank you.

    I did H1 transfer and notified USCIS abt my new job.
    My old guy is not going to revoke it and also agreed to use the same attorney.





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  • visli_com
    06-25 11:23 AM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.

    my company is paying all except medical & (costly) Photos.



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  • dogking
    03-20 12:23 PM
    Does anyone know the time frame of WISH and Talent bill?





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  • Macaca
    04-20 06:45 AM
    This (http://immigrationvoice.org/forum/showpost.php?p=58962&postcount=630) is how CIR was reported yesterday!

    You will know a lot if you follow the News Article Thread!



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  • bipin
    03-18 04:51 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.

    What is the wage mentioned on LCA for the H1 ? Is it more then 50K?





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  • Wewilldo
    11-25 09:21 AM
    Thanks for the reply.
    So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
    Am I correct?

    Hi Andy,

    I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

    If you have time can we talk for seconds, 914-217-6925.

    Thanks,
    JAtin



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  • MYGCBY2010
    10-02 05:17 PM
    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.





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  • TomPlate
    01-09 10:20 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.



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  • gc_on_demand
    05-19 10:06 AM
    Hello Members,

    I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.





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  • catchagarwal
    05-04 03:13 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?



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  • gc_chahiye
    04-20 01:06 AM
    Hope this answers your question.

    wow! that was such a great description of all the events. Very nice! thanks a lot.

    To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!





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  • caforum2
    08-02 05:53 PM
    My experience is that you can't collect your passport same day of your interview. After your interview, your visa will be approved. But your passport will get to VFS hand only after 2 business days. You might have to stay in Chennai for 2 days after your interview to be able to collect the passport from VFS counter in Chennai. I had same issue. I was suppose to be in US day after interview and passport was struck between consulate and VFS. I ended up coming to US 3 days after my initial Plan. Good luck. This is my experience from Nov 2006.





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  • hopelessGC
    01-21 04:38 PM
    The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.

    You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.

    There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.

    If anyone has doubts about what I said then please correct me.





    anda007
    07-11 12:18 PM
    I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.

    I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.

    Nothing of this kind is overdoing here.
    Send Cards/Letters and more flowers

    Keep the momentum going. This is not a one time affair

    Anand Sharma


    I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.

    The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.





    overmars
    06-09 12:43 PM
    My understanding of the Neufled memo does not invalidate the question asked by Saarissimo. The memo refers to a person being the sole owner of a company. If the LLC in question is owned by X,Y and they then offer Saarissimo 33% of the company to own, then Saarissimo's employment in the LLC should fall under employer-employee relationship unless it is specifically written in the operating agreement that the company will cease to operate if Saarissimo is terminated from employment.

    I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.



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