Thursday, June 30, 2011

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  • glus
    06-29 08:11 AM
    Post date is NOT Important. What's important is the "delivered" date. Think about. USCIS can't and is not responsible for postal delays. If one sends a package and somehow it does not get delivered for 14 days, USCIS cannot mark the application received until and when it receives it, period.
    Please check before posting untrue statements. So even if your application reaches the uscis on the July 3rd, but uscis enters your application to the system on August 1st, your filed date will be July 3rd. So don't worry. Make sure your package reaches USCIS in July and you will be OK.

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  • zCool
    03-31 11:27 PM
    Last Status counts situation DOES NOT apply here.
    That rule applies to situations where you've gone from h1b to h4 or ead etc..
    In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
    BUT you can ONLY work for 1 employer at a time..
    Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..

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  • glus
    01-02 10:54 AM

    Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.


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  • IV2007
    08-13 09:25 AM
    Anyone's 485 appln recieved by Becca Fischer at NSC on July 2nd & got reciepts ?

    As many of us here I haven't recieved any reciept# nor cheque encashed ?

    I140-I485,EAD & AP - Concurrent filing
    Sent Flowers to Mr.Emilio
    Sent emails & made umpteen phone calls to senators.
    Unsure on attending DC Rally


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  • sroyc
    07-09 04:23 PM
    I believe that it's the date of last physical entry into the U.S.
    I'm in a similar situation and my lawyer filled that.

    Dear fellow IV members,

    I was just referring to my first application for EAD filed by my lawyer (july filer)

    For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?

    But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.

    I have not traveled outside the country after renewing my H1-B.

    Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?

    Thank you!!!

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  • ganguteli
    04-07 09:48 AM
    I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

    My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

    As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

    Please advise me if I should stuck with the company lawyer or it does not matter?
    Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.


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  • sweet_jungle
    09-30 12:42 PM
    I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
    This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
    I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
    Anything different coming from your lawyer would be welcome.

    Lawyer also has given whatever your lawyer said.
    However, I know of few cases where people received green cards at their po boxes. If you call up custmer service, they will be happy to change the I-485 addresses to po box addresses.

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  • lonedesi
    07-27 08:19 AM
    I happened to read the following on a different thread on IV

    "for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date."

    Does it mean that any packages that were sent out yesterday(Thursday) will be delivered today(Friday), but USCIS will only pick it up on Monday morning and then assign Monday as the receipt date? Anyone with some knowledge on this, please clarify.


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  • whattodo21
    04-20 01:31 PM
    John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (

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  • ski_dude12
    09-14 11:18 AM
    My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.

    My Query is:

    Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?



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  • vidyakulkarni
    07-11 06:52 PM
    can you please tell me how much time now takes to H1b renewal?
    I am in 6th year of H1b.

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  • suryamnb
    11-15 04:36 PM
    Does any one got "AP" approved, who applied in the month of august?from NSC.


    I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
    EAD card received on Nov 9, AP travel doc received on Nov 14th.
    FP Notice received on Oct 30, scheduled for Nov 27.



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  • jthomas
    05-15 01:20 AM
    If you are in Eb1 you should get your GC soon.

    If your profile is incorrect please correct it.

    If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation

    J Thomas

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  • sbmallik
    05-25 05:22 PM
    If your MIL is not in the US, you cannot technically extend the visa.


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  • unbreakable
    06-03 12:18 AM
    I got the following email from my friend. Thought I would share it here.


    As most of you might know, there are a number of Immigration reform bills that are in various stages of their life in the US Congress. There is this 1 particular bill which is really important to people like us - Employment based legal immigrants from India & China: Bill 5882.

    Highlights of the bill that are of use to EB applicants:
    1) Would recapture unused Visas from past years and roll them over from one fiscal year to another.
    2) EB 1, 2, 3 would become current and would remain current for quite a few years

    I know some of you might have already got your greencard. But I am sure you know a number of others, many of them your close relatives and friends, who are stuck in this queue for a long time. If not for yourself, please take action for them.

    Action needed:
    1) Please go to
    Register your email address and vote YES for the bill.
    How this helps: Online polling is an easy way for senators to gauge the popularity of a bill. If all the EB applicants were to VOTE yes, it
    would take the number over 200,000 easily. The most popular bill has around 7000 votes. A bill on having 50,000 votes
    is sure to garner a lot of attention.

    2) Forward this email to all your friends and relatives who will benefit from this bill.

    Only a systematic, organized online campaign would only us all to get LEGAL PERMANENT RESIDENT STATUS in the USA.

    Thanks for your time!

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  • gcgc2005
    12-17 10:37 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.


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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.

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  • maya79
    08-26 12:06 AM
    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.

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  • tdasara
    03-20 12:04 AM
    Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.

    My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.

    (No I am not talking about a body shop and this is a small financial firm)

    12-17 06:07 PM
    Thanks for your prompt reply. I was wondering if you may have a separate section compiling all searchable supporting references together. I did not doubt that there should be summaries in the thread. It just like seeking a needle in a sea.

    I am writing to a District representatives urging them to support SKIL Bill. I believe if some supportive evidence or references will make my letter strong.

    09-29 11:48 AM
    If you indeed resign, there can be trouble..."luck factor" might pay a role.

    But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.

    Now, if your employer is a small place, then its all "it depends" thing...

    Good luck...see to it that you don't extreme measures unless absolutely needed.

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