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  • jcrajput
    06-18 04:03 PM
    Will go through it. Thanks a bunch for your help.

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  • ss1026
    04-18 09:33 AM
    I am waiting to hear something for my wife. She would hate it to sit at home for one year

    Let see......

    I will update this thread if i hear something

    Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?

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  • mukeshjaiswal
    11-07 10:51 AM
    On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
    Hello bharmohan,

    What is status of your current status, did you got the visa or still waiting for the response.

    I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.

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  • coolpal
    03-27 12:45 PM
    I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
    I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.

    But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.

    pal :)


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  • hsingh82
    02-24 01:05 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??

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  • vikramy
    06-22 10:22 AM
    Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.

    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?


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  • waitingmygc
    09-08 04:26 PM
    I am convinced with Prashanthi.

    Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.

    For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.

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  • trips2010
    08-27 07:36 PM
    Any one get refund from USCIS ??
    I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

    any one sent letter for refund before ? do we have any form for refund ?
    How this will work out ?


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  • cox
    May 2nd, 2005, 09:38 PM
    Thanks Kevin! Trial and horror it is then . :-)
    Ah, so you've seen my "technique"? :p

    It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.

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  • reddog
    05-22 12:54 PM
    Regardless of whether everyone gets their Green Cards or not, the numbers should definitely see a substantial jump.
    we are entering into the last quarter, where according to the new rules, everything that has not been allocated will be opened up for retrogressed categories for that FY.
    Which actually explained why they pushed EB2 so far back, so that they can bring it forward in the last quarter, i.e. the July bulletin.

    On the whole issue of EB retrogression, This current batch of EB based green cards have waited the longest number of years in the history of green cards.
    So, sooner or later, someone in the goverment will have to answer why is that they let so many people apply green cards when they did not have a numbers solution ready.

    Why were we even allowed to file for Green Cards when they could only issue a certain number based on the Country of Birth, each year.

    This is like sell a product to someone, send him an invoice, and he comes back and says, sorry, we have a country wise quota, so even if we bought these goods from you, we wont pay you cos the quota for this year is up.

    No, literally, export quotas work that way, they put a quota on sourcing, not on payments.
    Why not do the same on Green Cards?

    So, this whole mess, what is the right amount of time (in years), that it starts turning into a 'rights' issue from a 'flawed process' issue.

    Currently, unless we have some representative in the government, who sees this flaw as a real issue, it is only us non-immigrants who can push this harder, and generate that representative, who instead of sliding this issue along with some big Financial bill, lobbies hard to get this issue resolved, as a separate entity..

    ON the hope that OP has generated, personally, Am I hopeful, that I will get my Green Card in July.
    Yes, I am always hopeful that I will get my Green Card next month. No, I dont get frustrated, when I dont.
    Yes, i definitely get a little bit ticked off, but thats it.


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  • glus
    02-24 12:20 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!

    OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.

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  • keepwalking
    05-20 01:44 PM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.

    I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.

    I got approved in 3 days after they received their letter and my wife got her GC in 2 months.

    Good Luck


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  • ubetman
    08-04 01:09 PM

    My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
    I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the one G-28 is fine for whole application packet when filed concurrently...

    USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..

    thanks in advance..

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  • Akia
    03-25 08:48 AM
    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (

    You must also look at the "actual wage."

    Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?


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  • MeraNaamJoker
    09-16 04:50 PM
    Having stated the above which pretains only to those cases which are still in process.

    For those who have their GC in their hand, the situation could be slightly different.

    If you do not join the company, it is considered as SHAM EMPLOYMENT.

    I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

    GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

    By the way, I have decided to join another company after 2 months.

    Jumping the boat immediately might cause trouble.

    So please be patient and give it as much as time as possible. I will say at least 2-3 months.

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  • fide_champ
    12-20 11:05 PM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance

    Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.

    The safer bet i would say is to go out of country and come back with a new H1.


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  • mariner5555
    02-08 01:14 PM
    Thanks for the info. but is it 180 days or 120 --there was a thread that said it has become 120 days before expiry or else it is getting denied ??

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  • nousername
    09-14 02:10 PM
    I'm sure it is legal.. It is just a form of kitty. We are not using the money for any gambling etc..

    I like the idea and I'm in..

    I like the idea. But I wonder if this legal...

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  • sanju_dba
    09-15 12:40 PM
    You have to celebrate here, at IV :), we are the best audiance who can appreciate and value your achievement.
    Do something different than you do on weekends.

    05-10 09:29 PM
    since I have lot of reds ..I will post less frequently ...but my view is that we need several campaigns and mass participation !!
    so in addition to lobbying efforts ..we probably need letter or flower campaign ..for letter, we need to send it to media or congress too ..
    I had another less expensive and local idea ..but it need mass participation is as simple as meeting your local realtors interest in buying a house, show deep interest (even if you are a home owner) and then back out at the last moment ..saying that you were expecting GC this summer but it has been delayed due to visa wastage ..and hence you are backing out
    who knows the NAR and Yun may start talking about faster GC's !!!
    (remember simplicity works ..thats how Newton discovered the laws of physics !!)

    12-15 12:14 AM
    Thank you very much for your quick response. That is very sad though I would ask my lawyer to resubmit the application. My original document is with me in order to apply for H1 Visa at the Consular. At this point, I would send the original document back to my lawyer and ask him to do the premium process on my application. Another issue is that he refused to pay for the premium filing fee. He said that he would suggest me to find another lawyer in the case that he had to pay for my premium filing fee. He did not show any responsibilities on anything. Pls advise what I should do.

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