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  • mjdup
    12-14 11:35 PM
    OK, I will just call them first thing tomorrow morning to see if I can get admission. May be after that I will get in touch with you and we can approach him as team, will that work?

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  • vallabhu
    07-30 05:30 PM
    this spring�s defunct immigration bill partially replaced with a skills-based system.

    This statement is confusing between SKILL BILL and Point based system bill.

    I cannot make which one he has in mind for us, can you guys comment.

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  • iv_only_hope
    01-11 12:18 PM
    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.

    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.

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  • gc28262
    11-30 10:52 PM

    I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

    I filed on August 15th
    No receipt notice yet as of Nov, 5, 2007

    Anybody else in similar situation ?

    My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.


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    February 6th, 2004, 10:20 PM
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  • RollingStone12
    04-25 08:53 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

    To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.

    If you dont have anything...they wont approve.


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  • pdakwala
    02-24 04:50 PM
    Hello everyone,

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  • ajain
    05-27 02:38 PM
    sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.


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  • wanaparthy
    03-24 12:21 PM

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  • glus
    05-06 12:50 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?

    Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.

    Best Regards,


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  • ghost
    07-24 06:12 PM
    Having said that, there is no need to wait to file 485 due to visa retrogression.

    Agreed, one of the IV goals.

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  • PlainSpeak
    06-07 02:07 PM
    Heard on CNN ...

    Looks like the Vote to Limit the number of Debates (On Amendments) on CIR has failed.
    The reporter stated that If the bill fails it will fail by Sundown today


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  • beppenyc
    04-26 05:33 PM
    He will not vote for the same bill, but it`s clear that the next senate bill will be completely different from the past one.

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  • Widget
    05-25 06:51 PM
    What about validating the visas in the US? I think it was some where in Brownback amnd.

    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!


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  • samrat_bhargava_vihari
    02-12 09:59 AM
    Oh NO, if this happens then it will close the last door on many people.
    yeap and may move EB2 dates??

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  • Ann Ruben
    04-22 10:55 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.


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  • gcdreamer05
    01-03 09:32 AM
    Folks the solution is simple,

    If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).

    If you have stamping on her passport for h4 then no need for AP.

    If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).

    If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.

    I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.

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  • gg_ny
    10-20 07:31 AM
    You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.

    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.

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  • samuel5028
    02-21 01:30 AM
    You will be coming under EB3 skilled or professional worker.

    03-24 04:35 PM
    In your opinion, if we were to choose among the many amendments people are proposing to improve the pending immigration billsm what will you choose?

    My choice is
    1. Either remove country quota
    2. Re-instate soft quota.

    Other choices could include
    1. Filing of 485 with pri dates
    2. H1b extension by 3 yrs with pending labor
    3. Including MBA under stem

    One request - please think of the broader implications of your choice and not your case. E.g, my wife has 140 pending approval and 485 will help me immensely but I would rather have the GC than EAD, so that is why I chose country quota removal. It unfairly victimizes an individual for his/he country of birth.

    01-01 02:22 PM
    Absolutley interested in getting this movement going. Having been looking for this type of vehicle. Happy to see some Oklahoma interest.
    The ability of filing I485 even without PD's current is my prime goal at this time, want to fight for all round reform.

    Dear Ananth Prasad,
    If you are sincerely interested in joining this intiative, please email me at

    Happy New Year.

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