Thursday, June 30, 2011

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  • coalfadmin
    01-24 02:34 PM
    I have an employee who was a student and then got employment authorization. She asked me to begin the process of getting her an H1B; but then we determined that she really wanted a green card. Can I use the LCA I got for her H1B to apply for her I-i40?





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  • gunabcd
    06-22 12:13 PM
    My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?

    I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.





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  • applejelly
    11-18 10:53 AM
    lol! I see what you mean





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  • kirupa
    03-27 12:46 AM
    It isn't showing up in IE for me, but it does show up in Firefox. It must be some JPG setting?



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  • DallasBlue
    06-23 11:55 PM
    you can mention either ways. legally it shouldnt be a problem.

    (professionally it does look bad)

    ==as always seek legal consult.





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  • jediknight
    08-08 08:29 PM
    It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).

    However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).

    Thanks Ann.

    I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)

    - JK



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  • nid
    03-17 04:28 PM
    Guys,

    I would appreciate if you could help on this.

    I last entered in US using AP and currently working on EAD . My H1 is going to expire in April 2010. I am thinking of renewing it to provide a backup in case anything happens to my 485. I have to go to India in July 2010 and I would like to come back using AP. Pleass let me know which of the following option is best for me.

    1. Renew my H1 now and go to India n July and come back using AP.I understand that in this case, if I have to use H1, I would have to go to India and get it stamped.

    2. Come back from India in July and renew my H1 after I come back. Is this possible to renew the H1 after it expires and do they give you a I94 in this case?


    Please let me know what you think. I need to decide ASAP.

    Thanks





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  • omahaguy
    08-05 11:48 AM
    Company A attorney says I can apply for 3 year extension from B. Still waiting to hear from B's attorney. Did you check with your attorneys?



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  • EB3gcwanted
    07-31 02:50 PM
    Hi,

    I am currently working on EAD, having invoked AC21 once in the past. My labor was filed in 2005 under EB3 (I was eligible for EB2, but my company filed it under EB3, as per their policy). I filed 485 during July 2007 fiasco and am currently working on EAD.

    My job qualifies for EB1 now and few of my peers have got Green Card under EB1. Can I port my filing from EB3 to EB1? Would it be better to do it with current employer or with a new employer? Pl. advice.

    Thanks





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  • yestogc
    04-28 10:55 PM
    From your post it is not clear if your 140 is already approved or pending.

    Anyhow, assuming it is approved and he cancels, then an RFE is bound to come, it is best to file for AC21 with new employer, since RFE could also involve EVL with recent paystubs................. now since in your case even your new job is with a consulting company (do not know how big it is), you might get stuck with RFE too.



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  • martinvisalaw
    05-10 02:23 PM
    See here for details: Law Office of Elaine Martin - immigration news: FAQs on recapturing I-140 priority dates. (http://martinvisalaw.blogspot.com/2009/08/faqs-on-recapturing-i-140-priority.html)





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  • Didiusthegreat
    09-14 08:46 AM
    Well that is quite simple isn't it?

    If you have an object selected you see at the left "Position"

    Click on that and then click on move pivot only, then you can move your pivot to the right and let it rotate differant

    DidiusTheGreat



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  • immigrationvoice1
    02-07 04:27 PM
    This requirement has been waived in Nov 2007. Please search Murthy.Com or USCIS.Gov for the memo.





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  • iam4u4ever
    05-30 05:00 PM
    Can anyone tell me how long it will take to receive card after receiving welcome email?

    Permanent Resident Card Production Delays

    USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.

    If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.






    Last updated:05/29/2009



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  • whattodo21
    07-22 09:09 AM
    washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2010/07/22/AR2010072201548.html)

    Itis the first court hearing in the Obama administration's lawsuit against Arizona's new immigration law, a case that sets up a rare clash between the U.S. Department of Justice and an individual state over one of the nation's most divisive political issues

    Wonder what this lawsuit will bring to immigration reform discussion?





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  • STAmisha
    08-06 10:25 AM
    I have applied I-140 and I-485 on July 2. I think I forgot to attach one experience letters to it. Can I attach it to that I-140 after getting the receipt #? what is the procedure?



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  • SAPGURU
    12-30 04:07 PM
    Hi All,

    I filed my I-485 in month of August 2008. I have FP appointment for me and my son on 31st Dec 2008, and for my wife on Jan 2nd 2009. Can my wife just walk in for finger print on 31st along with me and my son ? or she only need to go on 2nd Jan ?

    Will appreciate your response.





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  • bowbow
    01-13 02:47 PM
    My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

    I have EAD with the same employer but not using.

    Is anybody in the same situation?

    thanks





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  • kisana
    06-07 08:04 AM
    Gurus , please provide me your input. I am little bit tense. It will help me alot. Also in the Copy the number from alien card what should I put. Since I am on the H1B visa, but I do have EAD also. Any help in this regard is higly appriciable.





    handless
    04-23 07:01 AM
    cool, yeah sorry bout the first one, wasnt really clear on the definition of nothing crazy... my bad, but yeah im glad you like the other two.





    anu_t
    09-21 12:29 PM
    Did you have a receipt number for 140? I'm in the same boat but I didn't apply for 485 yet. and I don't have a 140 receipt number.



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  • augustus
    06-17 07:00 PM
    Dear All,

    Can you please let me know if the sealed medical report will be given to you by the doctor? or will it be mailed by the doctor to lawyer?





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  • kishdam
    03-10 09:52 AM
    Hi,
    I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?

    I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.

    Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks





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  • akgind
    09-25 12:30 PM
    For more info, go to Murhty link below, and scroll to the appropriate question.

    http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search





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  • conundrum
    06-23 03:47 PM
    Isn't it high time we started a state chapter. I am from Cincinnati, and would gladly like to host a meeting so that we can get this going. :)



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  • maya79
    08-26 12:06 AM
    Hi,
    I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
    Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
    Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.

    Please let me know. Your help is appreciated.
    Thanks
    Maya





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  • Rb_newsletter
    05-04 06:51 PM
    I am not a lawyer, so make sure do discuss with a good lawyer. I am just sharing the info that I know.

    US labor laws are good that no organization can stop an employee from joining any organization/company. Even if your company made you to sign a agreement, that doesn't hold in front of the law. This law could vary little from state to state, but not to great extent.

    If you are receiving calls and emails from your employer, I would suggest, change the phone number, apartment/house, etc. and ignore him. But you should know that at 140 stage you need experience letter from employer. Make sure you can get it from your colleagues. Or you must cut a deal with your ex-employer now.



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  • morchu
    04-23 03:26 AM
    I think I am missing something here. Can't you use the level3 wage listed on your link?

    Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.

    Would you be able to use:
    http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1031&year=9&source=1
    or
    http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1021&year=9&source=1

    so what do we do now..How can we get the accurate wage

    http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2


    if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

    O*Net™ JobZone: NA





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  • Anders �stberg
    June 5th, 2005, 02:21 PM
    Works great! DOF is good, there is a distinct 3D effect going on especially if take a step back. Very nice!



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  • desi3933
    04-02 08:44 AM
    Gurus,
    I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.

    My GC is in process and not filed my I-485 yet.

    Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback

    Thanks

    No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.

    Time spent on H4 or L2 does not count towards 6 years for H-1B.

    As per 8 CFR 214.2(h) (13) (i) (B)
    When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad



    ________________
    Not a legal advice.





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  • st4rguitar
    04-06 01:51 PM
    Hello
    My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.

    Anyone in same boat??:eek:

    You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
    Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.



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  • Mogus
    09-28 09:50 AM
    Thank you very much for all your comments...This information is very helpful for me.:)





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  • cooler
    08-30 09:23 AM
    After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?

    In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)

    I would hate to have to carry this for the rest of my life.

    Lawyers - Your legal opinion would provide relief to my aching shoulders :)



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  • fatboysam
    09-20 01:51 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks





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  • CaliHoneB
    04-26 12:35 PM
    I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.

    Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
    So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.


    Thanks.



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  • makemygc
    07-02 08:56 AM
    I guess he went to bed on Thursday and woke up today.





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  • gondalguru
    07-08 08:16 PM
    Depends on whether your I-140 is approved or still pending.

    Here what I think.

    Lets assume your I-140 is approved.

    Remember GC is based on future employment.

    Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.

    Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.

    my 2 cents.

    This is my personal opinion and Its always better to get an advise from a good immigration lawyer.



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  • when
    02-29 12:41 PM
    Folks,
    The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
    Is this normal?
    Thank You





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  • jsb
    07-20 01:37 PM
    scroll down the page to see chart

    Let Them In Page 2 of 2 - Forbes.com (http://www.forbes.com/forbes/2010/0628/special-report-immigration-opening-borders-mexico-let-them-in_2.html)

    As per this chart, wait for getting a GC in the US is as follows:

    6 months wait - 75 yrs old Kenyan, son a US citizen
    3 yrs wait - 24 yrs old Iraqi, translator, US military
    6 yrs wait - 35 yrs old South African, computer programmer
    6 yrs wait - 25 yrs old Venezuelan, student, father a US citizen
    10 yrs wait - 31 yrs old, Chinese, a factory worker
    20 yrs wait - 25 yrs old Filipino, student
    35 yrs wait - 35 yrs old Indian, computer programmer
    131 yrs wait - 30 yrs old Mexican, H.S. diploma, sister a US citizen

    Source: Department of State; US Citizenship & Immigration Services





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  • gcformeornot
    07-25 03:16 PM
    This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
    how to modify poll to add option.





    eb3_nepa
    10-27 05:14 PM
    we can pay more fees if they can process our cases fast.:) :) :)

    Unfortunately that is not how it works at USCIS. They increase the fees WITHOUT any increase in service/performance.





    ita
    01-25 08:22 PM
    Please try sending this suggestion to CIS Ombudsman

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm

    FYI

    http://immigrationvoice.org/forum/showthread.php?t=23280

    Thank you.



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  • chakalov
    08-02 02:34 PM
    Is there any good news for DB Visa in that bill?

    Nothing! This bill passed the Senate a month before they started the CIR. Cornyn introduced the SKIL act and then he immediately withdrew it because he was hoping that it will become part of the future Immigration bill. Later on the CIR failed and we are left with nothing again.





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  • Karthikthiru
    07-09 02:12 PM
    As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid





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  • dpp
    01-27 08:41 AM
    yes, in general as per law, you have to file tax returns to both states.

    But most of the desi-employers try to use same state that they used first part of year and continue with that till end of year. But in the next year, they start with new state. This happens all the time with most of the desi-employers. There is no problem. You are not skipping any taxes, it is your employer's responsibility. If your employer says, he is working here and paying state taxes, then thats it, nobody can't say/argue anything.


    :confused:

    It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.

    But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?

    Any help will be greatly appreciated





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  • chris
    10-23 04:48 PM
    I also got an LUD, no idea what it means? May be RFE or Approval or nothing.

    You may see approval email soon



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  • arc
    08-10 10:00 PM
    Hello

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Questions:
    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.

    Thanks!





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  • ebizash
    02-17 11:15 AM
    we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

    Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.



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  • rk2006
    11-23 06:08 PM
    Hi,
    My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.

    My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
    1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
    2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?

    I appreciate for any response!





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  • IN2US
    02-23 01:03 PM
    I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
    I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??

    PS: I've already applied for my new passport and expecting it any time.

    Thanks in advance



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  • Lasantha
    12-05 08:27 AM
    As far as I know, you should meet the requirements as of the priority date of the LC, not when the LC is switched. You may want to consult a good attorney on this one.





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  • chanduv23
    10-16 04:43 PM
    320k make majority sitting and hatching.
    800k will make majority jumping and fighting.
    what is real number again??

    I am confused by your statement. Can you elaborate?



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  • Jimi_Hendrix
    11-11 01:09 PM
    You should join your state chapter through the IV forums. State Chapter volunteers should plan to contact local politicians and meet them face to face. Nothing is more powerful than visiting face to face and impressing upon politicians how important this issue is.

    But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:

    http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
    USATODAY.com

    You can look up their contact information at
    http://www.house.gov/writerep/

    Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps





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  • http404
    07-18 12:03 AM
    And what if filed a concurrent I-140 and I-485.
    Though this is my second I-140 and I am trying to capture an old priority date (and I do have the receipt from the old I-140).



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  • feedfront
    05-07 02:48 PM
    As long as company's tax id remains same, it does not matter. Talk to your attorney.





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  • pappu
    03-28 03:08 PM
    Core is working on a seperate campaign with a strategy specifically for us. Please stay tuned. At this time, we urge everyone to seek appointments from their lawmakers as per our newsletter.



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  • willIWill
    01-12 03:11 PM
    Andrew,

    I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.

    But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.

    Hope all works out for you.





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  • senocular
    10-27 08:18 PM
    Stop Wasting Your ?



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  • aquagirl
    09-07 09:29 AM
    I don't intend to get a second H-1.. The second job that I want to do is just 3-5hrs a week and dont want any sponsorship for it.





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  • eb3_nepa
    07-20 01:59 PM
    You can change jobs ONLY if BOTH the following conditions are met.

    1) I-140 is approved AND
    2) I-485 has been pending for MORE than 180 days.

    EAD has NOTHING to do with it.





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  • bsnf
    02-18 08:04 PM
    Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
    I have a AP, used to have a Canadian visit visa which expired in Dec 2010.

    I have traveled on AP via Dubai using United and did not have a issue.

    I am traveling next weekend, I will appreciate your reply.





    zico123
    06-19 09:54 AM
    thanks,, but i think the visa interview dates will be closed for aug/sept by the time i receive my I797. :mad:
    If you cannot get an appointment for interview you can schedule an Emergency Appointment at your consulate. Check consulate website for details.





    gc_on_demand
    08-13 03:39 PM
    Its really a good idea.

    But you need little more home work as listed below.

    (1) Update your profile first.

    (2) Book an appointment with your lawmaker to discuss this idea.

    Let me know if you want me or other to join in your meeting. If you are living in my state I will join you.

    To me you are a perfect leader to lead this initiative....

    Hows that ?