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  • va_labor2002
    06-16 01:45 PM
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?

    If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?

    Any comments from Core team ?

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  • ameryki
    05-05 12:08 AM
    hey guys how about a adv parole doc in hand when returning instead of a stamped visa transiting Frankfurt?

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  • rocky123
    05-01 09:31 PM
    I complete 6 yrs on H1-B in August, 2007

    Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.

    Have a good job offer from company B, but seek your clarifications before I move further.

    a. If I move now, can I take my 3 yr extension filed by company A with me or

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?

    Kindly help me out.

    I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
    is making my life miserable.


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  • bekugc
    03-04 04:46 PM

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks


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  • sdrblr
    09-11 01:53 PM
    I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"

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  • needhelp!
    11-15 11:15 AM
    Go IV


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  • ItIsNotFunny
    04-04 09:29 AM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.

    Ha ha ha.

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  • hxu191
    02-11 10:04 AM
    Yes, you can Travel as long as the H1 Visa Stamping in Un-Expired,

    My scneario was i worked for employer A,
    Had H1 visa stamping Upto Oct 2006.
    Changed employer and H1B transfer with Extension.
    Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
    Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.

    Hi Jerrome, my situation is similar to yours, changed employer, but I have no new I-94 on my new I-797. I don't understand why no freash I-94 for me. In this case, do you see any problem to re-enter the US with previous H1-b visa stamp (un-expired) and new I-797?


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  • lskreddy
    12-11 02:24 PM
    Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.

    Can one apply for an EAD while they are out of the country?-NO


    Can one travel when EAD is pending?-YES

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  • diptam
    08-13 05:14 PM
    7:30 AM folks started getting receipts now - We 11:30 AM guys have to wait at least 2-3 more weeks :D :D

    By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.

    I've never imagined that i'll see such interesting stuffs in GC process at US.

    Same here...mine was signed by GERKENSMEYER AT 11.34am


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  • StarSun
    02-10 09:41 AM
    The call is on Thursday (today). Please send in your questions as soon as possible to

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  • inskrish
    10-21 10:47 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?

    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!

    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!



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  • gcnirvana
    04-30 12:37 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!

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  • radhay
    04-09 02:27 PM
    looking at your handle you might be working for IBM. Not sure if they are still using Fragomen law firm.
    You don't need to get H1 stamping done if you have Advance Parole. Some firms may be suggesting their clients to renew H1B so they can charge bunch of fees. Since it is no cost for you it works in your favor as having H1B and EAD as backup doesn't hurt.


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  • kiwi
    11-07 10:18 AM
    Hello you all,

    I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.

    I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?

    Can someone give me some infomation on this or where I could find it?

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  • sledge_hammer
    02-23 12:44 PM
    I would say YOU need that "good luck" more than the members that answered your question!!!

    Thanks for your response.

    I will stay in touch & keep posting if I need more clarifications in my case.

    Until then, Good Luck:)



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  • gcformeornot
    09-25 07:50 PM
    1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID

    2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
    ---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
    3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
    your guess is as good as mine
    4. When will the employee know about the revocation in general (how many days)?
    ---after you receive RFE? or you can check online status.
    5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
    once revoked its gone
    I would really appreciate for your valuable suggetions and answers.

    Regards and thanks for your help...

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  • belmontboy
    11-18 06:20 PM
    It�s been long since I got head ache..but today I had every reason to get.

    I tried taking an appointment for h1B for December. Here is my experience�

    1. After entering the receipt details it took me to available dates calendar. In this screen there was no option to pick an specific date for appointment. This screen was same as the screen we get when we check for available date without entering receipt number.
    2. I pressed �Continue� and it later took me to DS156.
    3. Filled the form and it took me to screen which displayed my name against a check box with 3 option. The screen says..�select the form to edit/complete..� 3 options I can see are DS156,DS157 and petition details. No matter how many times I edit the information I can�t get the choice to pick the appointment date. Basically I have filled up the form without knowing the appointment date.
    4. If I try to download the appointment letter it says..�You cannot download until you specify courier address��.

    Has anyone experience similar problem�?? Any work around�.??

    Any help is greatly appreciated�thanks in advance�

    You have to submit.
    Once you submit, you will be able to choose dates.

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  • mjadala
    09-06 05:55 PM
    Lack of communication between USCIS and DOL

    11-12 05:30 PM
    Give atleast 1-2 months for booking the appointment. It was a harrowing experience getting an appointment to the point where my fingers were aching. Also add in time for the Canada visa. We went to Canada consulate in DC for the Visa.


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