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  • Ann Ruben
    06-30 07:00 PM
    Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.

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  • kalkix
    08-10 06:09 PM
    USCIS is just fooling with you. :D you are an eastern European, right?

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  • Ann Ruben
    03-29 02:36 PM
    In some similar cases, filing a petition for mandamus in federal court has been effective. HOWEVER, this strategy is not without risk, and you should consult with an immigration attorney with specific experience dealing with 212(a)(3)(B) "hold" cases before proceeding.

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  • nixstor
    12-16 10:40 PM
    My wife would like to change from H4 to F1. How ever, we might need to go out of country after she changes to F1. Is there any one here who has gone to Canada/Mexico/India to get their F1 stamping done recently?


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  • vjkypally
    07-20 02:07 PM
    Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????

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  • kishdam
    03-10 10:39 AM
    we are going through it right now.
    planning to file g-28 only and not AC-21 letter.

    Will wait for a RFE to send a AC-21 letter.
    Are you self filling G-28 or doing through another lawyer?

    Thanks for the info.

    Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.

    I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).

    If RFE does come at some point - do you know how much time we typically have to reply?


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  • perm2gc
    11-30 10:09 PM

    I am in a fixed situation and in big dilemma.
    My H1 is expiring in 2007 June first week.

    My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
    Labor got approved recently and still struggling to file my I-140 in premium.

    Meanwhile, I got an offer for permanent employment in a good organization (B).

    I would like take that offer but issues that are bothering me are:

    1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?

    2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?

    3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.

    Please help me with these questions.


    Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
    If that didnot help you..i request to take some time to search the forum.

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  • snathan
    10-21 04:31 PM
    Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.

    I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.


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  • hebron
    12-08 01:42 AM
    My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?

    We took our 17 month old daughter with us. You should not have a problem with that.

    BTW, The only problem we had was that our daughter was scared of the tough looking security guy and she started crying as soon as she saw him and we had a hard time consoling her :)

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  • hourglass
    03-02 02:23 PM
    I organized a Conf Call for SoCal members last friday, but only Pappu (Admin/Moderator) turned-up. It was disappointing to see that few people care to participate. I did get couple of messages from folks who could not make it. I appreciate their response.

    Socal members,

    Can we do that on some weekend..


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  • Eberth
    10-23 09:41 PM
    yeah, i just bought it, and it has a lot of great stuff, and i'd love kirupa to have a swift v3 section :D

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  • sw33t
    10-10 04:55 PM

    Bump if you are going to dial-in.


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  • gc_lover
    06-22 12:30 PM
    should this be in color or B/W ?

    B/W would do it.

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  • ash123
    01-18 12:17 PM
    I mailed my I-765 along with cashier's check for $340 on dec, 17 , still waiting for receipt notice. I call customer care number today since its more than 30 days, but they are closed today.

    I have USPS confirmation that they have received case on Dec 19.
    I will try calling them tomorrow.


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  • gcgc2005
    12-17 10:31 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.

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  • beautifulMind
    11-20 12:56 PM
    But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company


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  • srijay
    08-05 08:41 PM
    It is August now and I have almost completed 3 years of my H1 (with a consulting firm) and I am due for my renewal by end of September this year. I have all paychecks proper so far. At this time, I badly want to go back to H4 for a short break while I keep looking for full time positions in the market. Due to recession and my location constraints, I am expecting an offer only after a few months from now. So, is it possible to get a change of status to renewed H1 immediately after I get an offer? How long will this processing take? Will a potential new employer be hesitant to offer a position because of this? My current employer is not willing to sponsor for my renewal. What is the cost of H1B renewal under normal circumstances?

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  • ssa
    08-22 11:28 AM
    My 485 was filed at CSC and later transferred to NSC (WAC receipt). My PD is Jan 2005. Still waiting..

    I talked to IO using POJ method yesterday.The IO told me that receipts starting WAC will be processed according to CSC processing time which is at May 2006 for 485 currently! Does anybody know if this is really true or just that one IO not knowing what he was talking about? I know someone has raised this issue on some other thread earlier but till yesterday I did not personally hear this reply. I had called USCIS couple of times before and they all told me USCIS will process my application as per NSC processing time and as per my RD (not ND) till yesterday!

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  • tinamatthew
    07-21 10:33 AM
    In the 485 filings for me and my wife, my divorce certificate for my previous marriage was put in my files but it should have been with my wife's file per 485 intruction because she is the derivative applicant. If USCIS can't find it in my wife's file, will USCIS look for it in my file since we filed together?

    If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.

    To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?

    Don't resubmit your wife's application, wait for a receipt

    Your help is greatly appreciated.

    Hope this helps

    06-24 07:11 PM
    I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
    Are there any risks here?

    03-11 11:49 AM
    unless you have the new cut-off dates for April - they don't want to look at your thread (waste of their precious minute after waiting for many many years ofcourse)

    eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen

    anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks


    Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins