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  • sanam9696
    07-20 07:16 PM
    Thanks everyone for replying.
    However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
    I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
    I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
    I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
    Please advice.

    Thanks very much,
    Sick with worry.

    Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..





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  • Canadian_Dream
    07-31 05:00 PM
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    You cannot come back to US because VO first cancels the existing valid visas before making a decision to grant a new one. You will have to return to your home country.

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.


    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.





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  • aadimanav
    12-20 07:08 PM
    Nonsense.
    ...........her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was"........ problems.

    If someone "doesn't want to draw attention" then why would (s)he login to and mention the Approval Date?





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  • ingegarcia
    10-05 02:04 PM
    I have some friends that won the lottery in January/06, enter to the USA got their EAD, SSN, and couple of months later they got their green card by mail.:D



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  • pidurika
    03-10 01:44 PM
    We had the same thing (Case transferred to NBC) and we now have an interview notice in April. We do not know what it is about, until we go for the interview. I have another thread I created recently called "485 Interview" that you can visit in this forum.

    Good news, as you already put it, is they did not lose our files :-)

    AP





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  • gcformeornot
    12-31 10:21 PM
    what % have got FP notices. Out of 25500 members I see only few votes...



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  • felix31
    10-05 02:31 PM
    same here,

    we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!

    anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..

    cheers





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  • signin241
    07-24 07:49 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???


    Thanks



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  • arjunram
    04-22 10:24 PM
    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!





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  • GetGC08
    07-30 07:26 PM
    I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree

    Thanks for the response.

    I have 3 year BS degree in computer science
    &
    3 Year MS degree in computer science. S0 total 6 years in the same field(computer).

    Thanks.



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  • WeShallOvercome
    07-23 06:29 PM
    have you used your checks for filing of application or did your employer paid for it.
    When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
    and possibly asking SC to issue you another receipt...


    Employers and lawyers are smart enough.

    They took money from us but paid the fee with their own checks.
    I don't think getting the receipt number is an issue, we can somehow get it.
    I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
    On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
    any suggestions?





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  • matreen
    01-01 09:48 PM
    Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.

    Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......

    No idea what's going on....here...


    Thanks,

    M



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  • sledge_hammer
    04-15 07:46 AM
    See my answer in blue ...

    All,

    I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
    1) I work with a company who applied for my labor last year, its approved and now they are filling 140
    2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
    3) My wife works in a company who wont apply for her Green Card they dont have a policy
    4) Her visa expires after 2 yrs ...
    5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
    6) Assuming she gets 140 in next 2 yrs before her visa is expired.

    Questions .....
    a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
    No
    b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
    Depends largely on the attorneys. Anywhere from $2,000 to $7,000
    Experts please guide me if this plan would work and if yes how much would it cost me ...

    Thanks in advance ..
    Lalit





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  • burnt
    04-07 02:57 PM
    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help



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  • GIDOC
    07-14 06:24 PM
    I think you should go ahead and apply as your lawyer is suggesting. You do not have anything to lose with this.





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  • waitin_toolong
    04-13 01:30 PM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    When you open an account with Vanguard ( my favorite for IRA) they actually have guides etc to help you out, to really make things smooth do not make out checks in your name, open the IRA account and choose to roll over existing 401(k) ( it will guide you through a process) also you will receive some paperwork from current 401(k) managemnet about your options and paperwork.

    In most companies even though you will become eligible for match only after a waiting period you can still roll-over and make contributions. Check if you are confusing the two aspects.



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  • rajmalhotra
    02-08 04:32 PM
    Does anyone else know of other instances of this happening?





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  • apb
    09-11 02:47 PM
    I also know one more with PD dec/03 and waiting





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  • gemini23
    07-02 03:07 PM
    the reference to mexicans here is defnintely uncalled for and has racist odor. You could have used "illegal immegrant" as they can be from any country in the world. I would expect a little maturity and humbleness from a senior member. my word of advice..dont be frustrated...this gc game needs lot more patience.


    Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
    Plain reading is injurious to health and community.
    I repeat "please step aside".





    LongJourny
    01-26 02:46 PM
    My attourney says that when they approved my visa for the first time on H1b, they forgave me and that I should be fine. He recommended me to make sure that I report correctly. As per the rule goes I was suppose to be working either one of the company. There is no exception like 5 days or 7 days. It seems they are not so hard for small gaps as long as you filed for H1B transfer. Hope this helps.





    h4hopeful
    05-31 12:56 PM
    You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.

    On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

    Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.



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