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  • cygent
    11-26 12:14 AM
    Hello Friends,

    I filed for AOS on 07/2007 (140+485 Pending), stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.

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  • vin13
    01-15 11:51 AM
    Before you request for your passport and withdraw your H1-B, make sure your AP documents were approved before you left India.

    I have heard from several sources that your AP should be approved before you leave the country. If the approval date is a few days before you left U.S, it can be assumed that you physically recieved it before leaving.

    You may want to check with an attorney to confirm this situation. In these forum, you will get personal experiences, but it may never be the exact situaton as yours.

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  • andycool
    02-11 05:03 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.

    Did you move to a different state after filing at NSC ??

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  • radhay
    08-05 11:51 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th pay stub should be sufficient but if you have access to your latest electronic pay stubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    I read in one the post here at Immigrationvoice.com

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?



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  • beautifulMind
    02-23 04:41 PM
    I successfully ported from EB3 to EB2 in the same company while on EAD

    Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

    The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

    I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....

    Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

    Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....

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  • bitzbytz
    07-13 02:27 PM
    nice try jayant


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  • sanprabhu
    07-17 05:51 PM
    Guys -

    Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

    NumbersUSA is reporting this in their website. Please we need to mobilize soon.

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  • kghoshal
    02-18 06:49 PM
    Last December, 2006 I got laid off because of company downsizing. My last pay stub was dated 12/15/2006. My LC was pending more than 365 days in my last company. Recently I got new job offer. My new company attorney is collecting all my immigration related information for filing H1-B extension from me. I have almost 60 days employment gap when my new company attorney file my 8th year H1-B extension.

    I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.


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  • a_yaja
    03-07 03:34 PM
    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
    Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.

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  • BECsufferer
    03-19 01:03 PM
    Hello Everyone;

    I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;

    When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.

    So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.


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  • kumar1
    11-24 02:11 PM
    There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.

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  • GTGC
    02-07 04:47 PM
    A few days ago there was a soft LUD on my spouses and my I485 applications. I am the primary applicant and I also had a LUD on my I140(approved in 2006).

    Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
    Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".

    Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.

    My lawyer says this is normal processing.


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  • dallasmbs
    07-17 05:47 PM

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  • Houstonguy
    08-11 09:02 AM
    EB2-I/PD May 15, 2006/I-140 APPROVED 08/2006/I-485 FILED JULY 2/2007.


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  • waitnwatch
    07-18 12:00 PM
    The amount is not the main issue. Awarding of fees by the court means that the court believes that the USCIS had no real legal leg to stand on for delaying the case for 4 years.

    What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.

    Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.

    Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!

    All in all this is a severe reprimand of USCIS practices - Hope they wake up!

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  • josecuervo
    08-11 03:38 PM

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congratulations on your GC


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  • itsmesabby
    10-13 10:09 AM
    I was asked the following questions:

    1. Which client I am currently working at and what is my role there.
    2. What is my education background.
    3. Paystubs and W2's
    4. How long have worked for my employer

    Just get your papers in order and be confident. Being confident really helps.

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  • chanduv23
    07-05 10:20 PM
    Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore

    They seem to be a bunch of chaotic confused folks and don't know what they want.

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  • veereddy
    07-14 12:25 PM
    We traveled thru Frankfurt last September, no need of transit visa, no issues, everything was smooth.

    08-20 10:49 PM
    My priority date Dec 2005
    I140 approved
    I485 filed at NSC-August 2007
    Still waiting.................

    Some moron is questioning my priority date and gave me a red dot.:confused:

    01-07 05:46 PM
    thanks a lot folks. that was great info. thanks to everyone who responded. still did not make up my mind if i have to go ahead with claiming UB.