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  • smuggymba
    02-18 10:32 PM
    Has the LC/PERM been approved based on EB2 is the question? IF yes, you should also try for it and ask your employer.

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  • nixstor
    08-04 11:47 AM
    No Not an option at all. I wish there was an option for USCIS/DOS to recapture wasted visa numbers. Same with the PBEC. The only thing that can provide relief to every one is legislative action. Please actively take part in the DC rally to get legislative relief.

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  • sarahbtobe
    06-25 05:14 PM
    He can have both types of permanent residence pending at the same time - marriage-based and employment-based. This is very common. The marriage-based filing will probably be approved sooner than the other, because priority dates are so backlogged now.
    That is wonderful news, Elaine, thanks so much for the fast reply! We are actually in the DFW area, so if we need a lawyer for this 2nd application, I'll remember your name!

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  • dilbert_cal
    07-05 11:56 AM
    You would require copy of the approval notice of 140 from the old company.

    In the new company, you would need to file a new labor via PERM. Once it is approved, you would need to file a new 140 and use the copy of the old approved 140 to port your priority date.


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  • brawn81
    01-27 11:38 AM
    Here is the link that I found. Americans think h1b's are not paying taxes. Ignore it was posted.

    Can Immigrants Save Social Security? By Edwin Rubenstein (

    Conclusion Text:

    Foregone payroll taxes are just the tip of the iceberg. H-1b�s are entitled to every social service funded by U.S. taxpayers. They use our city parks, roads, and other infrastructure. And after working six years without paying Social Security taxes many H-1bs get Green Cards, qualifying them for Social Security benefits when they retire. No effort is made to collect back payroll taxes. And what about those American workers who lose their jobs, their health insurance, and Social Security points because companies prefer the cheaper H-1bs?.


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  • lucasdon17
    05-26 10:39 PM
    Hi All

    Need some help here to understand what i should expect. Here is my case

    Currently on EAD with my spouse as the primary applicant. I plan to travel outside US and return may be after a yr.

    Assuming that i have satisfied the 180 days for this yr

    1) what will happen if I dont spend the required time in the US next yr ?
    2) Can i apply for AP from outside US next yr
    3) Will i loose my EAD?
    4) What is the process to re-apply if i will loose it?

    Thank you all in advance.
    Cheers !


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  • raysaikat
    01-10 07:53 PM
    My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
    I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?

    Thanks a tonne!!!

    AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.

    Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.

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  • goel_ar
    01-06 05:10 PM
    1. March 31 , 2008 - I am on H4 with I-94=12345..
    2. June 27,2008 - H1 got approved with i-94=12345.. valid from 10/1/2008-9/23/2011.
    3. Sep 10, 2008 - I enter US on h4 with i-94=abcdef.....

    4. Oct 1 , 2008 - Ideally (as confirmed by USCIS, immigration lawyer) , I-94=12345.. should have been in system (become active) and status changed to H1.
    But it didn't happen and I-94=abcdef... is active.

    1. What is my status from Oct 1, 2008 - Dec 31, 2008? H1 or H4.
    Since my h1 status was not in system, i didn't get any SSN & hence no paystubs.

    2. What is the safest & quickest way to get my h1 status active in system..

    a) Stamping in Canada - Quickest for me. Is it safe ?
    b) Get status changed without getting out of country? - But how?
    c) Stamping from Home country? -- Last option.

    Any help will be appreciated.



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  • andhrawala
    05-07 04:24 PM
    I am travelling to India and I have got AP. I also have an I-94 when I arrived last time to US. This is expired and I also have a I-94 with my last H1b (expires in June 2010). Now, I am working on EAD.

    My question is which I-94 I need to return to the Airlines while boarding the flight?

    Also, I am starting my flight from Cincinnati to Washington. From Washington I have a connection to Dubai and then to Chennai. Where should I submit my I-94?


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  • martinvisalaw
    07-24 02:46 PM

    My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)

    Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?

    Is it illegal to stay on expired i-94..but witha valid H1?????????

    The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.


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  • factoryman
    10-09 10:38 PM
    if you can go to biometric center within 10 days of original appointment and do a walk-in on a walk-in date, usually WED;
    go to biometric center and hand over the originals (after keeping a copy) and ask them to reschdule and give them for ex., any date after 25th OCT 2007.

    PM me for more info and we will talk.

    U R better off rescheduling your mexico appointment - its something that could be done within next 3 to 4 months for sure. The problem of rescheduled FP is, it kind of throws your case in the back and based on ASC's load, it might take them upto an year or more (think 800,000) for them to put you in again.

    Its just my opinion based on my conversation with my lawyer - since we were in S. Africa and my lawyer notified me about the FP and my lawyer blurted out what I said above.

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  • GC_1000Watt
    03-30 03:12 PM

    I am working under H1B visa and got married December last year. My wife applied for her H4 visa this month and when she got to the embassy for the interview, the consul checked and commented on the font size of her address in our marriage certificate. She said it was smaller than my address (well, she got a longer address before we got married, maybe that is why the census made it smaller) and said to my wife that it needs verification. The embassy then took all documents (her passport, our original marriage cert, etc.) and said they will call her when she needs to return for interview again.

    Has anyone of you experience this? If so, any ideas how long it takes for them to call? BTW I'm Filipino. Thank you guys and God bless

    I guess you should be fine once they gets satisfied with cross checking.
    By the way can you please tell me in short the procedure you followed to have your wife attend H4 visa interview.


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  • teikyo30
    08-05 06:29 PM
    I read the letter myself when it came yesterday. It clearly stated there is no appeal due to the fact that she applied to early.

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  • wandmaker
    06-27 11:37 AM
    Hi All,

    Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.

    Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.

    Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).

    I have no idea how to go about this, can you please advice how to present my case.


    In G325, you should specify the address where you lived. On the other hand, though your W2 says CA address, you should have filed taxes with Maryland and filed taxes with CA as non-resident.


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  • sertasheep
    06-17 12:58 PM
    NJ Members who are in the process of filing I-140s after May 2007, please write to sertasheep AT (replace AT with @) with details, and a phone contact number, with the subject line "NJ member, filing I-140 after May 2007"

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  • ItIsNotFunny
    04-13 02:03 PM

    New shops are opening up.. Still rate is slow but who knows you will see 100 new web shops in coming months...

    It looks like a good organization....


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  • H1B333
    02-25 01:54 PM
    Thank you vrkgali :)

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  • vnsriv
    10-03 03:42 PM
    lets do this. been a while.

    let the brickbats rain from those who want me to go to vatica and eat thali :D

    What's need of creating such kind of thread . It is just wastage of time.:mad:

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  • sekharreddy
    07-18 10:14 PM

    I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
    And also Please suggest If there is any way to apply for 485 without cancelling her H1.
    Thanks in advance

    12-16 09:19 PM

    I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to program manager job within the same company. The job requirement is

    BS + 2-5 years of experience

    I have
    Bachelors 4 Years
    Masters in USA
    Research Assistant 1 year 8 months
    Teaching Assistant 11 months
    Experience as a Mechanical engineer 3 years 8 months

    Am I eligible for eb2 category? Help greatly appreciated.


    09-07 01:24 PM
    Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?
    answer - YES

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