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  • nk2006
    07-05 11:59 AM
    Its a very good point. Immigration related issues are highly political and rouse emotions on either side. Our opponents used those same emotions to get their desirable results - in the form failure to any immigration related bill. Now I think we have a good opportunity to use this fiasco to our benefit.

    The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).

    We can even reach out to extreme right (like sof Tancredo) and expose how
    USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.

    Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.

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  • micofrost
    09-05 10:48 PM

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    1. You need to file Change Of Status, I-539.
    2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
    3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.

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  • mantagon
    07-22 04:30 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    is this is right?

    -> H1 (797 approval notice) is valid
    -> you enter USA on AP, you will get AOS status.
    -> H1 is still valid but unusable as the status is AOS.
    -> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
    -> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).

    PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.

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  • lazycis
    01-09 08:45 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.


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  • nomad
    08-02 09:54 PM
    Though my in-laws had an early appointment(945am, Chennai Consulate India) last month, they got their PP next day only. So they had to stay one more day in Chennai.

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  • reddog
    03-09 11:22 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    incorrect thought.
    I-9 is a Employment Eligibility Verification form that stays with the Employer.
    She is considered to be on an AOS status. nothing to be done.


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  • retropain
    09-07 03:48 PM
    I guess a lot of folks (including me) have not had the opportunity to file for the 485. And most of the folks who did file 485's have already been approved.

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  • absaarkhan
    06-12 05:54 PM
    What is "Letter of Acquirement’

    Can you please tell me what is "Letter of Acquirement’'

    My company is Acquired too, the New Employer just gave me a Letter Copy
    explaining the Merger, NO Official docs were shared with me.

    From whom did u get this letter.

    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.



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  • amitjoey
    09-13 03:46 PM
    The chances this time are NONE. The chances in the session after November elections are better but still slim. It will most likely be taken up in spring or summer of 2011.

    For us the chances are always slim because:
    1) We will keep bickering and fighting amongst ourselves
    2) We will not go and talk to the legislative offices to make them understand our problems and issues.
    3) If we continue to not stand up and be counted.

    We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.

    If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.

    So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.

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  • ramaonline
    08-28 02:56 PM
    For e-filed I131 this is all you need to mail:

    Confirmation receipt which you got after submitting the application
    copy of i485 Receipt notice
    2 recent color photos
    a copy of any govt issued identity document (visa , pp biographic page, ead card, etc)
    current i94 copy


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  • pappu
    02-13 03:32 PM
    Congratulations. Could you update your profile please.

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  • cabal
    08-30 12:16 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485


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  • iv_only_hope
    08-15 09:30 AM
    Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.

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  • puzon23
    02-12 02:05 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.


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  • veritas1
    10-16 10:36 PM
    I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...

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  • GCSOON-Ihope
    10-17 03:26 PM
    Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.

    They usually initiate the name check process shortly after filing I-485.
    Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
    However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
    I personaly e-mailed USCIS California Center ( What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
    "we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
    I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:


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  • nb_des
    09-21 11:33 AM
    One more question:

    When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
    I dont think you can do that.

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  • rbharol
    01-21 09:13 PM
    However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds.
    Most affected are Chinese and Indian members...I don't know much about Chinese but I know from experience that it is hard to get money out of Desis...
    They have a multiplication factor inbuilt in their minds 1$X44 = 44 Rupees!!!
    So sad.
    I am a desi too. So do not get offended.

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  • gccovet
    11-24 01:24 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that, could you please PM pd_recapturing?
    Thank you.


    06-06 01:48 PM
    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?

    Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.

    First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.

    I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.

    Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.

    I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.

    07-09 07:24 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????

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