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  • mkyaj
    03-24 12:19 PM
    My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.

    I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.

    She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?

    How does it work? Did anyone went through similar scenario?

    Please advice.


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  • InTheMoment
    11-17 02:51 PM

    My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.

    As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.

    If you want I can e-mail his deatiled FAQ to you.


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  • GreenLantern
    06-02 12:12 AM
    Hmmm. Sorry I don't think I can help you out. My focus is mainly web design, and interactivity. I try to stay away from animation if at all possible.


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  • saurin
    02-10 01:26 PM
    Thanks a lot, Ann.


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  • va_dude
    12-11 03:39 PM
    i guess you could travel when an EAD/AP is pending, not sure.

    But i don't think there's any way for you to get back into the country unless you have:-
    1. h1/h4 visa stamped, or
    2. approved AP (with the validity period of AP covering your return date)

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  • rameshk75
    02-12 03:36 PM
    Any inputs for me??


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  • hydboy77
    11-17 06:51 PM
    As a student who came here myself and understand the huge investment they have to make to come here to study in US, I fell sorry for these students and there parents. With the draconian restrictions imposed by uscis and certain senators many of these kids will not have an oportunity to work in US. I am not sure how they will be able to repay the huge loans they are taking to pay the fees to US universities

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  • nousername
    11-11 07:05 PM
    1. Logically HUD document should work but again we are talking about Indian government so not sure. Insurance document might not work and I'm almost certain about it.

    2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..

    Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).

    Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.

    My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
    1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
    House Lease Agreement.
    However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
    Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.

    2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
    Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
    Do I need to notarize both the photos from page 1 and page 4? Please clarify.


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  • key_ket
    12-15 06:19 PM
    if you have bachelors and more than 5 years, you can definitely qualify for EB2. Good luck

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  • uslegals
    12-20 02:00 PM
    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.




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  • ameryki
    06-18 10:16 PM
    I sent the following:

    1) Confirmation Receipt of application
    2) Copy of I 485 receipt
    3) Front and back copy of current EAD card
    4) A copy of the cut out that the current EAD came in

    I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.

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  • andy garcia
    09-27 02:07 PM
    "Flight Capital: The Alarming Exodus of America's Best And Brightest" by David Heenan describes how many other countries are working to become world leaders in technology. Because of new opportunities in their native countries, fewer ultra-high-talent foreign students are seeking higher education in America.

    What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.

    Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."

    Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.

    This guy needs to talk to Lou Dobbs:D


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  • JunRN
    12-17 06:57 PM
    Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.

    If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.

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  • bitzbytz
    08-10 10:54 PM
    My PD is 6/6/6
    Hopefully current in Sep bulletin


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  • piyu7444
    09-15 11:56 AM

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

    Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

    I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

    I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

    Ensure that w-2 has the correct numbers else it can be trouble.

    Consult a lawyer as all the above is my experience and limited knowledge.......

    Hope it helps!!

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  • newon
    07-21 11:52 PM
    Thank you all for your replies !!!!


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  • kaarmaa
    08-14 11:06 PM
    Further, this proposed rule would remove an alien’s reliance on the Visa Bulletin to determine visa availability and therefore eligibility to file for I-485. Instead, the rule will propose that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS

    Interesting. The way I understand this is - EB applicants need not wait for PD to be current to file I-485 application. However, the news article does not give any clear details on the actual processing or its source.

    I would definitely prefer an EAD over waiting. Lets see..

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  • sidshar
    05-15 04:19 PM
    thanks for the response. But is it normal, anyone else in similar situation?

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  • gondalguru
    09-29 11:58 AM
    Its kinda confusing and really not that big or sensational.

    Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.

    I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).

    07-20 01:10 PM
    We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?

    For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through Is there a quicker solution?

    09-14 11:52 AM

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