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  • FinalGC
    09-16 12:57 PM
    Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly





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  • amsgc
    06-20 12:57 AM
    my knowledge is also limited...
    but from my J1 days this is what i understood:

    J1 is NOT a dual intent visa.
    All J1 have some requirements to fulfill before applying for GC
    For physicians it is a 2 yr Home requirement OR underserved area practice
    For researchers etc a No objection is needed from the home country for a waiver
    Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
    Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

    hope that's helpful.

    That helps, Paskal. Thank you for sharing your thoughts.

    Regards

    Ams





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  • a_yaja
    07-25 05:13 PM
    Hello folks,

    First of all thankyou for your input in advance.

    I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.

    My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?

    Thank you!

    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.





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  • wandmaker
    11-16 11:29 AM
    Please Help since I dont know what to do as I was expecting the EAD card to start a new job.

    Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.



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  • Charles H. Kuck
    12-16 02:16 PM
    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles





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  • jonty_11
    07-05 04:34 PM
    I guess this is the worst time for Lc subs guys to be seeking advice....



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  • Jeffphoto
    September 5th, 2006, 08:17 AM
    And what is HDR?





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  • BECsufferer
    02-11 07:45 PM
    Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?

    Last one worked quite well. Kudos to those to made it success.



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  • singhsa3
    07-25 03:55 PM
    That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
    I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.





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  • priderock
    03-26 02:25 PM
    Interesting that no one earns less than $75 K. A slap in the face for Lou(sy) Dobbs (Jack A$$)who always refers us as CHEAP labour.



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  • tabletpc
    10-22 10:36 AM
    You don't need to worry about anyting...!!!! if RFE comes, explain what you did . Its is understnadable to get confused with rules been applied everday...!!!:):)

    Go chillout....


    There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.

    Canada visit should not create issue as per my opinion.





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  • pmgthj
    03-13 09:53 PM
    Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.

    Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.

    Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...



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  • hopefulgc
    03-28 06:29 PM
    I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.

    Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.

    It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.

    What gives?





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  • peer123
    07-18 07:57 PM
    and researched by Pappu himself. Check the archives in the last 30 days.

    bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.

    Thanks for your input... any other thoughts on this topic



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  • sledge_hammer
    06-25 11:07 AM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.





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  • desperatlyinwaiting
    06-15 10:19 PM
    Thank you for the quick response and advise.

    Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?

    I do not have experience with this, so I greatly appreciate your patience.



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  • HRPRO
    02-23 11:28 AM
    ARC,

    My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.





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  • GC_ki_daud
    03-13 03:27 PM
    :confused:





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  • apple
    09-10 12:01 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks





    zilmax007
    07-31 06:02 PM
    /\/\/\/\/\/\/\/\ Bump





    krishmunn
    02-07 10:49 AM
    Go to FLCDataCenter.com (http://www.flcdatacenter.com/OesWizardStart.aspx) . Plug your state and then select the city . In the job list, select Computer and Information Systems Managers.

    You will see Four Wage Levels. as long as your wage (or proferred wage) is at least in Level 2 range, it is easy to sail through EB2.

    If it is less than Level 2 wage, change the job to something like Computer System Analyst. The wage level is much lower but you will need a very good attorney to establish it as EB2.



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