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  • laksmi
    02-05 08:01 PM
    It is your employer how have to support your H1B renewal inform him before itself.
    If EAD is expired you will not be able to work until you get extension but since you are working for the same employer and if your H1 gets extension approval then I think you can switch from EAD to H1B even after EAD gets expires.





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  • Anders �stberg
    October 7th, 2005, 02:14 AM
    My experience is that even with the "1/focal length" rule (or maybe it should be "1/(focal length x crop factor)") is a bit optimistic with these long tele shots. Maybe it can work if you have really good technique and a sturdy tripod but I like to use a much shorter shutter time if possible.





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  • greyhair
    09-24 09:16 AM
    Next is testimony from Stephen Colbert. As per the reports Colbert is expected to testify "in character the Bill O’Reilly-like muse Colbert uses for his show."

    This will be funny.





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  • lvaka
    05-19 02:17 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.



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  • sunnymit
    03-30 02:56 PM
    Yeah.. the list of supported documents on that link is still ok. However, really speaking those are too many documents and most of them are "just in case" documents - 4 pay stubs, 3 or 4 W2s etc. etc. But anyway...





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  • maddipati1
    01-12 01:44 AM
    i won't call u superstitious but superstupid, for lack of any better words



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  • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++





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  • stones
    06-30 10:14 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?

    Here are the details for my case

    * � I graduated in Dec. 2007.
    * � My OPT has started on December, 2007 (expires on December, 2008).
    * � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
    * � I received Notice of H1B approval. (I797A Notice Date June, 2008).
    * � H1B is valid from 10/01/2008 to 10/01/2011.
    * � I lost my job with Company A on September 18th, 2008.
    * � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
    * � I requested Company B to transfer my H1B.
    * � USCIS received my petition for a transfer on October 28th, 2008.
    * � My Transfer petition was pending with company B

    Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.

    Thank You, Please let me know if you have any questions.



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  • saimrathi
    07-24 11:22 AM
    I think all it is saying is that you need to submit the approved labor certification application with your i-140/485 concurrent application, as far as i can remember my lawyer sent in my approved labor cert appli with my concurrent filing appli.. although please check with ur lawyer...

    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks





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  • sparky_jones
    03-15 03:29 PM
    Hi attorneys/seniors,
    Getting confused about the online status.
    Today morning my employer got mail from VSC saying that their received date is 03/12/2010
    Status check online by 10:30 AM(03/15/2010)
    Status:Initial Review
    Date received shown:03/12/2010

    Status check online by 1:00 PM(03/15/2010)
    Status:Acceptance
    Date received shown:03/15/2010

    Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.

    Got confused.
    How it works normally?

    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.



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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





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  • jsb
    11-05 04:02 PM
    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again

    Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.

    Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.



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  • sdudeja
    01-29 08:31 PM
    I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?





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  • eagerr2i
    07-20 05:18 PM
    Temp # does not allow her to work. For working, she needs to find an employer that offers her a job and is willing to do a H1B. That way is the only way you can work if you do not have GC or EAD

    Click on the Teacher Credentail Program on the Link below

    http://www.csupomona.edu/~ceis/academic_prog.htm#tcp



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  • chanduv23
    09-17 02:03 PM
    You have company Andy. How old are you?

    We now have Toddlers and Senior citizens doing the rally so why are the young energetic folks sstill deciding ???





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  • Iak123
    06-02 11:01 PM
    Thank You All for responding. That is very helpful



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  • piyu7444
    04-07 07:22 PM
    To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge

    My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..

    Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months

    If this guy in question was working for BOFA before this TARP CRAP was introduced the embassy can not deny him h1b stamp as he would have an approved petition and any petition approved before TARP CRAP law came into its existence can not be denied on the basis of TARP CRAP law.

    I really doubt that his h1b was denied due to TARP.





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  • bigboy007
    07-31 10:08 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?





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  • voicerj
    02-22 10:46 AM
    Try Quillpad. its good you can type in english and translates in hindi then you can copy and paste it in the form.





    Macaca
    02-23 01:17 PM
    In addition to contributions, we need to work very VIGOROUSLY on timing the following with the appearance of our Bill on the Hill.

    2. Grass root lobbying of our local legislators.

    3. Media publication of our issues.

    Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.

    The remaining activities are of ABSOLUTELY no use for our cause.





    reverendflash
    10-21 03:46 AM
    Yeah, if I had anything but a 9pin dot matrix printer I could have made the heart red (lol - it took me a heck of a long time to make it even semi-resemble a heart) :P

    used up 1/2 a ribbon to print... :P

    funny, I hadn't thought of that in years... that was right before the end... :-\

    Rev:elderly:



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