Thursday, June 30, 2011

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  • arthi123
    11-19 10:14 PM
    Thank u very much!!!!




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  • ramausa
    09-04 12:14 AM
    hi,
    I've got my L1A visa valid till MARCH 2010 with company A. Meanwhile my H1B VISA got approved thru company B for this year.i would like to continue in my L1(company A) for few months until i find a suitable project with the employer who processed my H1(company B).
    how long can I continue in my L1 status
    a)if it is a fresh H1B ?
    b)if the H1 is a "change of status"?
    c)what can i do if i need to retain L1A VISA status for the period after the Change of Status happens ?
    pls help.
    thanks in advance for your answers




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  • westh1b
    04-11 11:05 PM
    Can any one please guide me that how to file complaint to DOL against his body shopper?




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  • Digitalosophy
    09-23 12:27 PM
    Hey Flash, would you be interested in a non profit Digitalosophy project?

    Basically it's a file sharing app (flash, xml, php, asp, etc). I really need a logo, and some design work.

    Of course, there isn't any payment as it's non profit, and geared toward Kirupa user's as long as your a member here, you can access the app.

    I have another guy working with me, hopefuly I can round up a few more peeps.

    Of course you will get full credit for whatever work you do on the site credits page.

    this is mainly a portfolio builder, if your interested hit me up on AIM, if not pm me and i'll delete this.



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  • santa123
    06-16 06:55 PM
    If one had done his/ her bachelors and worked for 5 yrs and did Masters (online) and worked for 4 years after Masters, can he/she claim Masters with 9 yrs of exp?? Pls clarify.




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  • asanghi
    12-15 01:52 PM
    Has anybody recently applied to change visa status from H4 to F1? I want to know, how much time USCIS is currently taking to process F1



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  • akred
    07-19 04:33 PM
    EAD does not confer any status to live in the US. Your status continues to be AOS. When the EB2 I140 is approved, the lawyer will either interfile it with the pending I485, or the USCIS will auto-approve your case if the EB2 priority date is current.




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  • Asian
    10-03 10:00 AM
    Kapoor made many good points very clearly! A very good job indeed.

    I hope many more newspapers and magazines will deal with this story as well.



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  • thesparky007
    06-06 11:20 AM
    lmao!
    you need a price for all of them
    they look good




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  • WeShallOvercome
    08-22 04:43 PM
    It is a case to sign in native language...

    Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...

    Enjoy



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  • corleone
    11-02 10:32 AM
    RD 8/16
    ND 10/13
    FP ASC 11/17

    No EAD yet.




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  • dan19
    09-29 07:26 PM
    Is there any problem if your passport is expired while on H1 visa?

    Do we need to get the passport renewed before it is expiring?



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  • utthesta
    10-09 04:24 PM
    This is the reply I got back from my attorney.

    My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.




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  • vishwak
    10-14 10:32 AM
    http://www..com/visitor-visa/

    http://www..com/visitor-visa/sponsor-documents.html

    As your wife is not working, You should sponsor them. You need to fill I-134 etc documents.



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  • paskal
    08-16 12:58 PM
    An iv chapter for MI has been created and is coordinated by Chintu25
    See below for details:

    Created a group for Michigan IV Memebers.

    Please join in and SHOW STRENGTH


    http://groups.google.com/group/michigan4iv


    OR EMAIL ME AT MICHIGAN4IV at GMAIL.COM TO BE ADDED TO THIS GROUP
    __________________
    Bought IV Merchandize...Will flaunt it at the Rally




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  • TheCanadian
    04-19 01:16 AM
    now u guys made me hungry... fark...For man bacon!? Gross!



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  • tjayant
    10-17 02:53 PM
    My school said I'm not eligible




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  • BMS1
    11-02 05:47 PM
    1. You can work with EAD for whomever you want.
    2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.

    This is my opinion.




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  • kannan
    11-17 04:51 PM
    My I 94 was valid only till Feb 20 . I am worried now will it be a problem ?




    saravanaraj.sathya
    08-24 08:55 AM
    Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.

    Hi,

    I am from Buffalo, i would like to come .. i am not sure yet.
    how many are coming from buffalo?

    ________----
    EB2-NIW
    PD - March 2003
    i485 RD - august 2003
    CSC to NSC - March, 2007
    waiting for GC




    alucard666
    08-11 04:29 PM
    Hi All,
    A few questions for those who have experience with registering a sole prop. in the US.
    My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
    Does owning a company in the US have any impact on our green card application?
    Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
    Is she considered a "U.S. person" ( seen in multiple tax forms )?
    Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
    Thanks for the quick response.



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  • ars01
    02-19 10:51 AM
    As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.




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  • black_logs
    05-08 02:02 PM
    I read this quote in RD, sorry I forgot who said it!!!

    'U.S. is a big conspiracy to make you feel happy'.




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  • kirupa
    05-27 03:14 PM
    Added the second one up!




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  • micofrost
    04-12 03:16 PM
    Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
    So my questions are:

    Does the July 07 filers need to send the cheque for $305
    Should we also include Biometric fee of $80?

    And how much time is it taking these days for AP/

    Thanks in advance

    There is a confusion regarding who pays what amount.
    To avoid the filing date confusion, stick to this simple rule :

    If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
    For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.

    AP takes roughly 45 days.

    Hope this is clear.



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  • surabhi
    05-30 12:00 PM
    The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)

    1. File a new independent petetion
    2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.

    With quota over for the year, you cannot file another H1 and follow above approach.

    When quota was not an issue until 3 years ago, the above scenario worked.

    Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.

    So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B




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  • ssdtm
    11-30 04:38 PM
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
    This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

    But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

    But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.



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  • bank_king2003
    04-23 06:32 PM
    I have an h1b and EAD. i am employee of company A. currently i am working for a client(a startup company) in project through company A.. now this client wants to give me some equity(shares) of his company. i will keep on working as company A's consultant with this client.

    my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.

    just wanted to make sure taking equity wont hurt my h1b ??

    Any Advice ??

    Thanks...




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  • ssdtm
    12-13 06:49 PM
    To be 100% safe, wait for EAD.

    But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.



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  • pan123
    01-14 11:15 AM
    Guys,

    Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.

    Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).

    When I came to US my ECNR was deleted and I am also graduate.

    Your help appreciated.

    Thanks,




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  • HRPRO
    01-25 06:29 AM
    As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.



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  • bugsbunny
    03-24 03:29 PM
    i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
    There is a lot of guidance about what constitutes "same or similar"... from USCIS
    There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
    Hope this helps!




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  • srini1976
    07-09 01:21 PM
    What is your PD & EB Category please?



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  • greener_pasture
    11-07 01:59 PM
    My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.

    Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.

    Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?

    Thanks




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  • HawaldarNaik
    12-10 11:04 PM
    EB2
    Priority Date- Aug-2005
    Got EAD renewal for 2 years



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  • krishgaay
    07-28 11:08 PM
    Hi,

    I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.

    My questions are as follows:
    1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.

    2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.

    3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.

    4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.

    Any advice on her options is appreciated.

    Thanks,
    Krishna




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  • Alabaman
    10-06 08:38 AM
    This belongs to News Article Thread



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  • kaarmaa
    01-18 12:42 PM
    "Cutting off the nose to spite the face" -- So true.




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  • Lasantha
    07-05 12:52 PM
    Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?

    Thanks

    Try this
    http://immigrationvoice.org/forum/showthread.php?t=5983




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  • altima_le
    09-24 09:38 AM
    I have a question regarding Multiple I-140s.
    I applied for I-140 (PD: 2006) and it got approved in 11/2006;
    I applied for LC-sub (PD:2004) and it is pending with USCIS

    I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.




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    08-07 12:00 PM
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    Dhundhun
    06-28 08:06 PM
    I am about to mail the documents for my EAD and AP renewal.

    Current Residence: Missouri

    Could someone please verify the filing addresses for a FEDEX delivery.

    EAD filing Address:
    Nebraska Service Center
    850 S. Street,
    Lincoln, NE 68508-1225

    AP filing Address:
    USCIS Nebraska Service Center
    P.O. Box 87131
    Lincoln, NE 68501-7131

    Addresses are OK, but can you send FEDEX to P.O. Box?



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  • milind70
    08-25 09:34 AM
    Hi,

    I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.

    1. Who should apply I824? employer or individuals ( in this case myself)?
    2. If employer need to apply, should it be current employer?
    3. how long does it generally take?
    4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
    5. What other documents are required?

    Please help

    Thanks,
    Vikram

    AFAIK old H4 797 is not important. My wife we did not have a 797 when we came here initially, also we had also lost her old H4 797 (but we had photo copies).Her 485 was approved without any RFE




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  • snathan
    09-18 11:31 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...




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  • gc122004
    07-25 03:50 PM
    I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.

    In other words if I go an take Info pass today when can I get the erliest scheduled date?.

    Thanks,

    I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.




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  • askreddy
    06-19 12:45 AM
    Thanks CoopHeal.

    Others Any suggestions?

    Thanks
    askreddy



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  • roseball
    10-18 12:34 PM
    a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.

    Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension

    b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?

    You will get a 3 yr H1 extension

    c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?

    You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.




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  • vban2007
    07-20 04:08 PM
    No, I wont.
    We had a similar situation.



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  • sparky_jones
    06-02 05:09 PM
    The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

    The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.




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  • NANO3
    04-30 04:26 PM
    thanks C:-)



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  • tinku01
    07-10 10:53 AM
    Hi, I am trying for visitor visa for my mother and she can not attend interview in English. I have been trying to get interview date in Hindi but for the last 7 weeks,it has been showing no availabilty of visa date in Hindi although English dates are available.
    Anybody can help us in this regard. We are trying at New Delhi consulate. :o




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  • India76
    07-14 02:29 PM
    Thanks for the reply...

    Job will be same/similar as what I am doing right now.

    What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?



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  • fromnaija
    09-16 12:12 PM
    Our kids do well in schools thereby helping to raise the standard of education.
    Most immigrant kids go on to college, thereby increasing the level of professionalism of the human capital available to the American economy.




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  • priya.r
    12-27 10:56 PM
    Thank you all for your valuable input.



    more...

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  • validIV
    03-11 01:48 PM
    Why not petition a GC for your mother and son? You are a US citizen petitioning their parent. It should be a fast process. And your son, if born after you became a citizen, might be entitled to US citizenship. I encourage you to talk to an immigration lawyer. I'm sure you have many options available to you.




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  • maddipati1
    10-11 07:36 PM
    filed on Aug08th, even EAD cards ordered :D

    its kinda not a FIFO so take it easy
    especially those who filed between Jul2-Jul17 its delayed.



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  • desibechara
    07-20 07:36 PM
    I am keeping fingers crossed.

    The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.

    So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.

    DB




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  • chnaveen
    09-10 04:28 PM
    Guys,
    It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
    Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
    I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).



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  • Dhundhun
    06-28 08:06 PM
    I am about to mail the documents for my EAD and AP renewal.

    Current Residence: Missouri

    Could someone please verify the filing addresses for a FEDEX delivery.

    EAD filing Address:
    Nebraska Service Center
    850 S. Street,
    Lincoln, NE 68508-1225

    AP filing Address:
    USCIS Nebraska Service Center
    P.O. Box 87131
    Lincoln, NE 68501-7131

    Addresses are OK, but can you send FEDEX to P.O. Box?




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  • sweet_jungle
    11-13 12:54 AM
    Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.

    Hi Saroj,
    Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
    SJ




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  • NikNikon
    March 24th, 2007, 12:09 AM
    Can you customize you order? If so check into the 18-200mm VR, I like mine. Also my Digital Camera Shopper I'm looking at right now has a review that sums it by saying "it's quite possibly the only lens you'd ever need".




    GCBy3000
    07-19 11:25 PM
    Mostly IV and Immigration committee chair women, but how does it matter now.




    ssdtm
    09-15 04:47 PM
    He will have to file labor again.

    Few things to note:
    � It does not matter if he is PhD or not, what matters is that the job for which his company will be applying his Labor justifies a Masters or PhD. If he qualifies, then yes, go ahead and file a new labor.
    � New labor is not as fast to get approved as was earlier. It is taking from anywhere 12-14 months now a days to get it approved. It is only after labor approval that you can port.