Thursday, June 9, 2011

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  • va_dude
    05-07 12:52 PM
    it doesn't boil down to who you trust more. Both opinions have its merits.

    But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.

    Just my 2 cents.

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  • hibworker
    03-15 01:16 PM
    EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

    Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

    What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

    Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.

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  • logiclife
    03-08 02:37 AM

    We are planning an organized way to raise our membership to a level of 10,000 plus members.

    I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".

    Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.

    Let's organize and team up...


    Update: 09-MARCH 11:39 PST :O


    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at so that I can send you a 5 page pdf document to get your started.


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  • rameshvaid
    08-16 12:40 PM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.

    You might be right but my son is with me as of today on the same old B1. H1 might be a different scenario.


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  • HawaldarNaik
    11-20 11:47 AM

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  • wandmaker
    12-31 12:30 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...


    It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.


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  • GCWhru
    11-15 02:13 PM
    I think there is nothing called State chapter link.. we have to come together and form a group.

    Please reply to this thread and express your interest to join TN chapter.

    I will consolidate.

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  • maristella61
    04-19 04:04 PM
    My PD is now current and i will be filing in May !
    My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
    Thanks in advance and good luck to all who are still waiting.


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  • colors
    09-04 11:47 PM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance

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  • weddell
    09-05 11:49 AM
    Depending on where you were located in the US, it might be a good idea to enter the country coming from a neighboring country (Canada, Mexico) with your green card in hand.
    In any case dont travel with too many luggages ...

    Let us know how it went.

    Good luck !


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  • ItIsNotFunny
    11-12 10:37 AM

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  • crazyghoda
    01-15 11:19 AM
    No one cares how you exit. A lesser known fact is that most Mexicans who are here illegally catch a regular commercial flight when they visit their homes in Mexico.

    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.




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  • narendra_modi
    03-04 10:07 PM
    i smoke mind your business..
    Bidi, I guess.

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  • immiusa
    08-14 03:00 PM
    You did good thing by not sending unnecessary documentation. It is your bad luck to have an RFE for unnecessary documentation.

    Some times people do send the few additional document even if they are not required. This could lead to a problem.

    Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply

    People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.


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  • JK747
    03-05 11:20 AM
    My wife had Henna on her hand when she went for her FP. The officer asked her did not take her finger prints and asked her to send that letter to their office by mail for re-scheduling the appointment. She sent the letter and got another appointment within 40 days. No problems in the second appearance.

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  • zoozee
    08-14 05:44 PM

    Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.



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  • div_bell_2003
    03-25 09:20 PM
    I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).

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  • ebizash
    02-06 11:50 AM
    I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.

    I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.

    I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.

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    04-30 01:40 PM
    Hiring firm does not know anything about AC21 and so how do I guide their attorney ? What points should i specify to him to start my app ?

    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?

    04-24 09:56 PM
    The new ones do look much better! I really like your 2nd New one :)

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