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  • tikka
    06-22 12:16 PM
    My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?

    I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.

    and post your question in the birth certificate thread that is already up and running. We have too many threads with the same information and just adds to the confusion.

    thank you

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  • msp1976
    02-09 01:30 PM
    This is from

    In previous years, INS made a distinction between H-1B1 (Specialty Occupation) and H-1B2 (Fashion Model). These days they've dropped the distinction-- specialty occupation workers and fashion models get identical approval notices, indicating simply "H-1B." The H-1B1/H-1B2 distinction is gone, for all intents and purposes.

    H-1B visa status allows "dual intent," i.e. the intent to work temporarily in the U.S. and return home at the end of the H-1B period, plus the intent to apply for a green card (and not return home), should the opportunity become available. In other words, H-1B visa holders can pursue a green card with no adverse effects. Many of the other visa categories (e.g. F-1 student, B-1/B-2 visitor, and even E-2 treaty investor) allow only "non-immigrant intent." Having applied for a green card or abandoned one's residence abroad can be grounds for denial of one of these visas.

    So you can calm down ...have some lunch...

    Please donate to IV ..That is in your self-interest...

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  • dickens
    09-10 08:54 AM

    Here is my situation - I have filed my I140 and I485 through company A and still waiting on a receipt number for the I485 (filed on July 2007). I have gotten a new job offer with company B. My questions -

    1) If I were to transfer my H1B to company B, what would happen to the GC process that I initiated with company A?

    2) Also, is it possible to revoke the GC application? If yes, are the filing fees refunded?

    Thanks for any advise.

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    April 2nd, 2005, 10:21 AM
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  • letstalklc
    10-14 11:57 AM
    See the comments below, keep in mind it's my personnel opinion...

    Hi all,

    I am in the middle of H1-B transfer from Comp A to Comp B.. I have an urgent question,
    Company A didn't run my payroll from 11/26/07-4/11/08 because i was out of the project,since then i have had a consistent payroll no gaps, my question is

    1.will that affect my H1-b transfer?

    I dont think it will affect as per my knowledge, in verst case, they might ask for your 2008 W2 from the old company and I assume that you had on payroll from May to year end, so you can show that if they ask

    2.will USCIS go back that far to verify my paystubs?, and

    Normall they will go back to 6 months max, but be prepare to submit the Client letter to prove that you have project for next couple of years, keep in mind that if you show client letter for only few months, USCIS is will issue only for that period, it happened for couple of guys....these days proof of project is a key for transfers...good luck....
    Please Please Please reply , if possible any attorneys

    Thanks in Advance

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  • maheshf
    03-10 12:00 PM
    I am traveling using AP (original) . I lost both EAD and 797 (H1) originals in house fire. will they ask for original EAD or 797 receipts or photocopies will do?
    Please advise and share your experience.


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  • webm
    08-28 08:05 PM
    It will be Parolee status (AOS Pending) and having AP is important at AOS stage...unless you dont have valid H1B or primary applicant 485 was approved..


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  • freddyCR
    March 1st, 2005, 05:02 PM
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  • theshiningsun
    05-26 09:31 PM
    hi attorneys,

    which visa should an indian citizen apply for if he is seeking to start his own business in the USA?

    i understand that the e-visa is not applicable to indians. is there an equivalent of the e-visa for indians seeking to do entrepreneurship in USA?

    thx in advance,

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  • l_ynx
    10-25 05:12 AM
    of course...
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    just another question:
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  • Overstay
    05-14 03:25 AM
    By chance, I was browsing the USCIS homepage when I came across guidelines for the change of address form. It says that not changing your address within 10 days is a criminal misdemeanor. Does anyone know when this law was passed?

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  • roseball
    02-09 05:28 PM
    Hi All,

    Sorry for posting this in an Immigration forum. I am just trying to get some advise from people who might have already been in this situation.

    My cousin came to US on F-1 visa in Jan 2007. She has been attending grad school in NY...She got money from India to pay for her tuition for the first semester as she had no financial aid....One professor promised her aid starting Aug 2007 but that prof left the university for personal reasons so I paid her tuition/insurance for one semester ($10k)....I have also been helping her with her living expenses since she arrived in US....She only worked 1 day throughout the year and has a W-2 with $29 as earnings for 2007...

    My question is, can I claim her as a dependent in my tax filing....She lives in NY and I work/live in TX.....I am planning to consult a tax professional regarding this, but I just wanted to get a heads up from you all before visiting a professional.

    Thanks for your time.


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  • krithi
    02-07 04:38 PM
    Its waived if you are a returning on H1/L1 visa, but it din metion anything about using AP on return.


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  • sivananda
    03-30 12:30 PM
    My first 3 year of H-1 is about to expire in October 2009.

    My employer is planning to apply for extension by premium processing in the next few weeks.

    My question:
    What if the H1 extension is rejected? Am I considered to be in legal status till October? I hope the original H1 is still in good position till October even though if my employer filing of extension is rejected.

    Please help with your answers.

    Thanks a lot.


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  • Biking
    05-30 05:09 PM
    Thank you very much for the reply. I did not receive any interview letter. In the approval notice, it was mentioned that it will take 3 weeks.
    How long it took for you?

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  • gman
    08-18 11:48 AM
    You shouldn't have any problem travelling during Labor Cert stage. LC has no bearing on your status as long as you have a valid VISA which you seem to have according to your post. Enjoy the trip!


    My employer will be filing for my greencard (labour certification) within the next 2-3 months. I have a valid H1 B visa expiring next year. I was wondering if it is legal to travel outside the country at this stage ?

    Any advice would be appreciated.

    Thank you.


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  • Marphad
    01-14 01:56 PM
    Hi All,

    Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.

    yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.

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  • mjdup
    01-18 02:35 PM
    Here are the minutes and action items ---
    1. Congressman/woman are to be focussed but Sen. Kennedy 's office is the most important to focus on.
    2. AI: Call Sen.Kennedy's office and try to seek an appointment to explain our issues and make presentation. Aim for last week in January.
    3. AI: Find out stance of congressman/woman from MA on immigration committee. If any of them are in immigration sub committee. Identify the counties which these lawmakers represent. This will be a good way to filter out the ones we do not have to concentrate on.
    4. AI: Make a list of groceries and places frequently visited by immigrants who could become potential IV members.
    5. AI: Refine the presentatioin on IV resources section and provide the first draft to rest of team for feedback - 2 weeks.
    6. AI: To enquire about the cost involved in posting ad in India New England paper/media.(Cost can be shared among local state chapter members)
    7. AI: To enquire about posting ad (one frame) in Belmont theatre where Indian movies are shown. (Cost can be shared among local state chapter members)
    8. AI: All members: Publicity of IV using posters and flyers available in IV resource section. Also publicise on sites like immigrationportal.com etc.

    Though action items are assigned to certain members, if there's a feeling that you can pitch in please do so.

    Important updates from core member: CIR is on top of the list with Sen.Kennedy but the illegal issue is also going to catch up so we should initially push for CIR or Plan B would be to ask for our provisions to be included in a separate bill if CIR gets complicated and is time consuming.

    Thanks to everyone who was able to make it. T

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  • martinvisalaw
    07-28 11:06 AM
    RFE is requesting information about Section 212 of Immigration and Nationality Act. How big of a trouble am I in?

    That depends on whether you were subject to a 2-year home residence requirement because of being in J-1 status. If you were subject to this requirement, and didn't fulfill it or get a waiver, you need to do one or the other before you get permanent residence approved.

    06-20 10:46 PM


    WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.

    08-21 11:27 AM
    No time for posting updates.. it's like when you're really busy on a project and asked for daily/weekly status updates.... :)


    Any word yet on the Processing Dates.

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