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H1B-GC

08-07 02:30 PM

Take an Inpass Appointment and Meet local USCIS officer and ask for help... Letter or Duplicate EAD. If you have a Job Offer letter they Might expedite the EAD Request..

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Feb 21, 2011 · Justin Bieber

gc_chahiye

09-27 05:02 PM

Hi,
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks

Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)

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arc

10-08 03:20 PM

I have a valid H4 after receving the EAD now getting paid on 1099 (on an off), I am planning to visit India this year. My question is!

Can I come back on H4 (I have a valid stamp) or do I have to use my AP since I am using my EAD privileges for getting paid?

Will they know at the Point of Entry that I am using my EAD?

Many thanks for viewing and answering!

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spicy_guy

10-13 01:27 PM

With EAD, yes.

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lazycis

11-30 10:11 AM

Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.

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ping

06-13 05:06 PM

HI all,
I would like to have your opinion regarding my spouse visa, I applied for H1B visa in Cairo Egypt. I'm a female IT pro and got the visa with my 2 sons 5-2 years old. My husband was not given visa, VO never asked him any question and just stapled a paper to his passport to track his visa status online. I asked VO wheathre that means my husband was rejected, she said no just some delay, it takes some cases more time.

it has been one month since I did my interview in the consulate and nothing updated on that web site. My husband has his sister in USA with Green card. What do you think the situation will be? is it rejection or wil get visa later?

thank you all in advance.

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abhijitp

07-11 03:33 PM

Moderators, please delete this if you want. I am re-posting as a new thread simply because the other thread seems to be closed.

I was pleasantly surprised, although looking back at it, this was going to happen. The Indian media would have immediately tried to cash in on the news and interview the people associated with the movie.

Nevertheless, this is good news, and I wonder if we should try to capitalize on it. How?

If IV can get "IV merchandise" (T shirts, caps, etc) signed by a Boman Irani or a Rajkumar Hirani (and perhaps also embossed with a standard message that we all included with the flowers), and put it up for sale (on ebay etc), it might help to
1. spread the word on this issue
2. raise money for IV!

What do you think? Is this feasible? If it is, we should go for it as nothing matches Bollywood when it comes to spreading a message.

Thanks for reading!

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beautifulMind

11-02 08:58 PM

the Company is given guidelines by the lawyer and USCIS and they need to follow those guildeline. I am not interfering. I just want to know if what they did would satisfy the requirements of the PERM recrutiment process. Not sure why you gave me a red dot for this. The AD was posted by HR and I work for a very big university. All i wanted to know if it satisfy PERM requirments...

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vban2007

05-22 11:30 AM

1. Question regarding my I-94 form...

I have one which I got when entered US, 4 yrs back which is expired and after that I got new ones with each H1B application extension.

Should I send all of them or just the latest one? or the one i got while entering (Expired one)

2. Is it possible to travel on old AP While applying for EAD and AP renewal?


Thanks,

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senk1s

09-22 10:24 AM

arent they supposed to give a packet for that

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cbpds

04-27 03:11 PM

Dude, its about Illegal Immigration,......nothing to do with legal immigration or any laws pertaining to backlogs etc !!

Kyl Guards McCain�s Right Flank - Roll Call (http://www.rollcall.com/issues/55_122/news/45582-1.html?ET=rollcall:e7374:80088824a:&st=email)

One politician standing up for another, but no one standing up for us - who really need it!!!!!

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logiclife

07-03 06:40 PM

This is no news. Bilbray and his HIRC (founded by Tancredo) are engaging in tough talk and rhetoric knowing full well that Pelosi is not going to put CIR on House agenda.

This is just tough talk with no plans or intention to act. Nothing to see here folks. Back to 485 issues.

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sunkara9

05-09 03:34 PM

Yep, I would enclose a letter from my current employer. I wanted to know whether I can process without my new H1B approval notice

In your letter of sponsorship which employer you are going to mention? You will need a letter of employment from your employer.

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gc_chahiye

07-22 11:16 PM

I think you are ok, but a better forum to ask this might be the criminal issues section on murthy forum. There are experts there on CMIT etc:

http://murthyforum.atinfopop.com/4/OpenTopic?a=frm&s=1024039761&f=8064060382

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lecter

July 21st, 2004, 08:45 PM

one thing I found with my IXUS v3 is that the pre-flash sometimes fools you into thinking the shots done. I have not had a lot of success with P&S and moving indoor targets. Where this is an issue, I revert to some thumpers.
Manual mode might be the only way........

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maverick_joe

05-12 10:44 AM

Has anyone renewed their license with success in VA while the H1 extension is pending? Does a letter from the company attorney along with the H1 extension receipt help?

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FinalGC

06-14 12:42 PM

This will be a new H1 application since you never used the original one. You will need to go to the US Consulate with the new approved H1 document and they will ask you why u forsook the first one....

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breddy2000

08-02 01:09 PM

Please close the thread if it is non sence.

Just thaugt to have a idea about how many people have missed this opprtunity.

MY PD is EB2 June 7 2006.

MC

Any Reason you said why only June 2006 PD has missed the opportunity?

Why not whole of 2006 from Jan to June 2006?

Just curious

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tcsonly

07-21 09:22 PM

i checked on the website, couldnt find it there. i will try calling the number when i get home. i asked in case anyone had the a similar question.

thanks,
ashish

Hi Ashish,

Just one search for Nebraska on USCIS website resulted the answer you were looking for.

Follow the link. Read the complete page to find out the correct address for sending your particular application type because each application has its own PO box number.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD

-C.

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WaldenPond

01-29 10:43 PM

Hello Guys,
We all have only 1 thing going on in our mind where every we go & what ever we do is about GC when it will arive. You see this offer & that offer. What you do ? nothing. Because you dont have EAD or GC

So now is the time we all can get together start our effort. No one knows about the result. Atleast some day some one will hear our voice.

This is my first visit to this web site. I have contributed $100 dollars.

Please give help to achive this target. wether it is $1,5,10,20,100,200 etc.

Best of luck & May god bless everyone !!




Hello gcwaiter,

Thank you for your encouragement and contribution. You are a good man.

Please request all your friends to actively participate with this effort.

Regards,
-WP

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johnwright03

06-14 08:14 AM

Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???

and also how many days or months does anyone think this PD will remain current..???

Any suggestions will be appreciated...!!!

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radhay

09-16 02:42 PM

Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.

It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.

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kirupa

12-07 12:48 AM

Hello and welcome :nerd:

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Euinox

05-20 01:10 PM

I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

Now I am on H4 till date.

I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

Please help me in this issue. I will really appreciate your help.

Any document/ link which shares light to similar issue is really helpful for me.

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Ann Ruben

02-21 05:50 PM

You are absolutely correct. The original poster's information indicates that no I-485 is pending, so I wasn't thinking about the AP alternative.

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saketkapur

08-21 06:58 PM

Hi
After waiting for a year for my FP notices and 4 SRs later I guess I took the infopass and went to the local office. The guy out there was quite nice and helpful and gave me the appointment for next day at the local ASC promptly.
Went to the local ASC and was was done in half hour. No issues.....it was a breeze...shd have done it sooner....
And here is the best part: My application had an LUD just 3 hours later.....

regards
Saket

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DSLStart

01-08 10:51 AM

You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.


after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"

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vhcl

June 8th, 2005, 07:45 AM

Whao!!!
I'm a newbi, and I have allways been fascinated by this effect, can you share any pointers!

Thanks

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mars

09-27 09:28 AM

Hi,

Thanks for the info..

It's been two weeks that we have sent the required info to DOL. Still waiting to hear back from them..

Thanks

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emeraldth

01-05 03:42 PM

My job description is "xxx mathematician" on the I-140, but what I'm actually doing is developing and supporting scientific programs. The industry is not IT. If I switch back to IT, could it still be "similar job"?
Could anyone give me some suggestion, or recommend a good attorney for this? Thank you!

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vvicky72

10-17 09:05 AM

My 485 got approved 2 months back. There was an RFE for my wife and by the time I answered it, the visa numbers were over. Now I am planning to change my job. I know its good to wait for at least 6 months before you switch over, but I don't have that option. Can there be any issues with my wife's application?

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gcseeker2002

11-09 04:11 PM

I am july 2nd filer , received by R.Williams at NSC and still dont have EAD so I took infopass appointment as my case status still shows pending. I did fingerprints about 2.5 months back. I was told in the infopass that my case is still pending so if i do another set of fingerprints, my case would come up to grab attention of the staff at NSC. So, they did fingerprinting again and lo, i saw 2 luds on the 765 yesterday and today , am I really going to get EAD soon or did the infopass uscis guys just fool me and take the fp just to pretend they did something on my case, anybody else faced this, pls respond.

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laksmi

12-04 04:08 PM

make sure your salary not below xx,xxx/yr defined, it is always good to be more or equal then existing xx,xxx/yr

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Rajwaitingon140

09-17 06:41 PM

hi all !!
my husband concurently file I-140 and I-485 (along with EAD and AP) on 22nd June 2007. We got our I-140 approved on 30th August. I have two questions

1. When can i expect my EAD ?
2. Is there any rule that i shud start working within some stipulated time after getting my EAD or i can take my own time ?

I wonder I am waiting for my I-140 approval since DEC'2006 and your got approved within few weeks...my goodness

Can you please make sure your I-140 applied on July'22nd'2007?

Thank you
Rajwaitingon140

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amsgc

06-16 11:07 AM

Better give them both there is no harm, because they are gonna check the validity period on them.

But u can ask a attroney, that was my opinion.

Hi,

I am trying to understand the I-485 process and unfortunately don't have a lawyer to ask questions.

Can someone please explain why copies of the passport (showing biographical data) are required? Which form asks for them - I did not find anything in I-485. That form only asks for a copy of the visa, if issued within the last year.

Thank you.

Ams

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pani_6

03-17 02:24 PM

I got AP..and H1B till 09..I am hoping to reenter using AP while comming back from india..Apart from AP do I require anything else. like employement letter to reenter the contry??..
:)
thx

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sukhwinderd

11-23 10:06 AM

Legal Permanent Resident Flow by Major Category of Admission: Fiscal Years 2004 to 2006


159,081 246,878 155,330

again more than 140,000 issued for years 2004-2006.

link -> http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf

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sfxman

05-09 02:30 PM

Thanks!

Is your case number low?

Mine should be current in december/january if it follows same trend as this year...

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mmandal

06-11 11:38 AM

Guys,

Can someone please let me know whether it is possible / advisable to travel while H1 approval is pending?

She is currently in H4 with a valid stamp in her passport. She filed for her H1 and was selected in lottery. She has a receipt but her approval is pending.

We were interested in making a short trip to India before Oct 1. But the consulting firm advised against it as according to them if she re-enters in H4 (even before Oct 1) while her H1 approval is pending, her H1 application will be cancelled and she has to restart the process all over again. Something to do with the last status on re-entry.

My thoughts are: The change of status will be effective Oct 1, 2008, why would it matter if I travel prior to that date?

A lot of you may have experienced the same dilemma, so please let me know...

thanks.

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peedith-aathma

07-23 02:39 AM

my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004

Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).

So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.

I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country


PLease help.....
Edit/Delete Message

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Devils_Advocate

03-13 11:40 AM

HI ,

My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.

Can any one please clarify.

Thank you for your time
as far as i know that in the opt as long as you are employed its fine, even without pay employment works to keep the status active WITHOUT lapsing into the 90 day period. do tell him to cross check with his ISO

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iam_amit

10-02 12:17 AM

I need URGENT HELP!!

I have filed my I140 in jan 2008, I have PD of NOV 2007. I have bachelor's degree (4 years) + 7 years on same field exp.

My I140 got denial 10 days back with reason that "LC specifies a bachelor's degree + 3 years in an alternative occupation is an acceptable combination of education and experiance for the position offered. Therefore, the JOB offer portion of LC does NOT demonstrate that the job requires a professional holding an advanced degree or equivalent."

So basically in my PERM my lawyer had made mistake and it did not reflect EB2. BUT I 140 which we had filled was for EB2(which is true for my qualification + exp).

Can anyone recommmed,
1)what actions can be taken to reserve my PD of NOV 2007.
2) Are changes in PERM allowed after nearly a year to reflect JOB requirement as EB2.
3) What should be the best solution to my problem...

Laywers mistake i have to suffer....can I sue my laywer.

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sriteam

03-10 01:53 PM

Not sure why the below news did not get the required focus on IV. Pardon if already posted.


WSJ Key to Prosperity: Fix Immigration Policies, Says Dallas Fed - Key to Prosperity: Fix Immigration Policies, Says Dallas Fed - Real Time Economics - WSJ (http://blogs.wsj.com/economics/2011/03/10/key-to-prosperity-fix-immigration-policies-says-dallas-fed/)

U.S. needs immigration boost of high-skilled workers
Report: U.S. needs immigration boost of high-skilled workers - CNN.com (http://www.cnn.com/2011/US/03/09/texas.fed.immigration/index.html#)

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hl

04-01 10:04 AM

Haha see I shouldn't have mentioned that. Now I'm .harish. Though, I totally was going to ask a mod last night to change me back to .harish. I liked that name better.

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sapking

11-30 09:49 PM

What was your attorney's response, for your question?

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garybanz

08-27 03:18 PM

hi my wife had filed 485 on aug 2nd, we got the receipts aug 23rd monday.

Hope this helps...

We filed at TSC.

Also I got my GC approved today, i had filed 485 during july fiasco.

Thanks gcNOLONGERdreamer05

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bigboy007

06-01 12:26 PM

core members ? any comments?

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gunabcd

06-22 03:40 PM

I-140 Premium processing upgrade receipt number

Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise

Thanks
I'm in same boat, upgraded to PP on June 1. your new status of I140 will be "We received request for PP". usually they update the online status on friday night. Expect an RFE early next week, they just want more time, so they send some non-sense RFE. RFE resets the 15 day clock.

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GCNOMAD

03-07 02:14 PM

I also dint receive the FP notice for my son. When I checked the USCIS help desk and also with my attorney for my son's (5 years) FP, I was told that kids under 16 years (16 years if I correctly remember) dont need FP in 485 processing.

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Pagal

08-28 08:14 AM

Hello,

You can be a passive partner (investor) in any startup (even without any visa). To be an active partner, you need to be a permanent resident or citizen in US. Here is a link for the details... Forming a Partnership: And Making It ... - Google Books (http://books.google.com/books?id=XjDVw9NAmBYC&pg=PA142&lpg=PA142&dq=active+business+partner+vs+passive+business+par tner&source=bl&ots=-xFm-W-HUu&sig=f9EqzXSaZfiZN9Zm3tYJrmE8lTY&hl=en&ei=Hb2XSsvDEtSDlgeytd2IBw&sa=X&oi=book_result&ct=result&resnum=4#v=onepage&q=active%20business%20partner%20vs%20passive%20bus iness%20partner&f=false)

If you want to be an active partner, you may want to conisder registering the company outside US, like UK or Bahamas (or even India, if you have PAN card).

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deepimpact

09-01 06:04 PM

Provided there is no retro . There can be following situations:

a) 250 equally distributed in Oct, Nov and Dec and the date moves 1 week at a time to 28th May in Dec 10.
b) 750 in Oct moving the date to 22nd or 28th May and then stuck there till Dec

Again depending on if USCIS does quarterly SO then in Dec dates may move to Aug 06.

I think with similar SO as FY2010 the PD will get close to July2007 by the Sep2011 VB. But whether the PDs will move ahead smoothly or in chunks having large periods of inactivity followed by 5-6 month jumps, thats something no one can predict.

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InTheMoment

06-22 08:08 PM

From what I have heard from close friends/relatives, your option B is correct.

Also, people living abroad and coming here and getting citizenship is only possible as you know if they fulfill the physical presence and continuous residency requirements. Further, since they have a US address (and can provide proof for it), why should the 90 days USCIS district requirement be an issue?!

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punjabi

08-07 05:57 PM

...that means your application has been accepted.

If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!

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H1B-GC

08-07 02:30 PM

Take an Inpass Appointment and Meet local USCIS officer and ask for help... Letter or Duplicate EAD. If you have a Job Offer letter they Might expedite the EAD Request..

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uncentainty

05-08 10:18 PM

I worked under H1B (valid 11/02/2009 - 10/14/2012) with nonstop paystubs since 11/02/2009.

On 08/02/2010, some bad girl just wrote one short sentence false statement to USCIS and cancelled/revoked my H1B on 08/09/2010 secretly since she didn't notify anybody about what she had done. She also ignored 2 USCIS letters (dated 08/13/2010 and 02/04/2011 respectively) regarding the H1B cancellation.

When I was going to join a new employer in March, I was told that my H1B was "inactive" and "retracted" by USCIS. the bad girl subsiquently filed a H1B petition with nunc pro tunc requirement for me but USCIS only approved I-797B with validation period 04/14/2011 - 10/14/2012 without I-94. I have to get H-1B visa from a US consulate.

Will I be subject to 3 years ban?! Technically I have been OOS since 08/09/2010, however, I have been paid without any gap since 08/09/2010. I have nonstop paystubs since 11/02/2009. I am still being paid. The next paystub will be available on next Friday.

Will I be subject to 3 years ban?! Can I apply for a visa back?! Can I file a criminal charge against this bad girl?!

I feel hopeless until found this forum! Thanks for your helps!!!

Life is uncertain

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asdqwe2k

01-21 05:48 PM

http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc

U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.

The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.

"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."

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GC_ki_daud

07-11 04:05 PM

Please Gurus Help here :confused:

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