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  • CRAZYMONK
    12-14 02:56 PM
    Even though your end client is not the direct client for your employer, they might have used the laguage in the non-compete which reflects the scenario. So check your non-compete document.

    May be the final verdict is in favour, you need to take so much of pain in the whole processes. If you prepare for these upfront you can go a head and fight. I had seen couple of instances in the NY, with my friends, where non-compete became VOID.




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  • sounakc
    05-24 05:15 PM
    I am filing for I-485 for my wife based on my approved I-140 and pending I-485 (EB2). Under part 2 which option i should chose for her.

    Thanks

    Sounak




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  • kothuri
    11-23 12:00 PM
    Yes to both.




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  • waitin_toolong
    08-14 06:56 AM
    As long as the person married before I-485 was approved follow to join can be availed. it can even be used after I-485 is approved. In case of kids the birth has to be before I-485 approval.

    The only problem after I-485 approval is that the dependents have to wait in home country for processing and cannot come to USA to file for AOS. It does not take as long as FB though.

    Visa number availability is determined by the primary's PD and the visa bulletin published by Dept of State.



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  • Robert Kumar
    03-02 11:14 AM
    Hi,

    Previously worked in a Supply integration company A, and EB3 job desc shows role as a consultant "responsible for ERP implementaiton with some programming experience".
    In that role later, Lets say I've performed Network and Systems Administration ALSO.
    So I have a mix of all skills at the end of 10 years in the company.

    Now if I get an opportunity from a company B that needs experience in Network Administration and some pre-sales (internal to the company),

    1. Will I qualify to do the job and be under "same or similar category" to be AC21 compliant.
    2. Can Company B file an EB2 and use porting of date.

    Please advise
    Bobby,




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  • GCVivek
    03-29 05:13 PM
    There is no 6-year H1B visa. There is only 3-year H1B visa that can be renewed again for a total of 6-years stay on US soil. If you have spent 5 years on US soil and your tourist visa visits add ip to say 5 months, you still have 7 months on your H1B term. Even if you get a new visa it will be only for 7-months validity. Sometimes, USCIS makes a mistake and issues new 3-year visa but that is a gamble. Why not just stay off-US soild for a few months?

    I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?



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  • billvor
    05-06 04:04 PM
    How to check my DV_2011 result?
    Electronic Diversity Visa Lottery (http://dvlottery.state.gov/) after July 1st.
    If you won - you will get mail notification




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  • desixp
    05-31 10:32 AM
    Hi,

    Recently, I have used AP for my travel from IAD. I was sponsored by company A and I am working for company B on EAD. At POE the CBP officer asked me if I am still working for Company who sponsored my GC. I said no. I told them I work for Company B. They just listened and let me in.

    The other question that they asked me how long was my stay outside US. I was not sure why they asked that question.

    Hope this helps.

    DesiXP



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  • REQUIRE_GC
    06-21 11:03 PM
    Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.

    Here is the journey:

    Nov.2002 - RIR Labor filed in CA
    June 2006 - Labor approved from Phily BEC
    July 2006 - I-485 , I-140 filed at TSC
    Sept.2006 - I-140 approved
    Got stuck in namecheck ( name check may be still pending )
    May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
    June 4, 2008 - Responded to RFE
    June 16, 2008 - Green card approved
    Now, waiting for the actual card to arrive.


    Hey Congrats!!!!!!!!!!!!!!




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  • maine_gc
    12-18 10:28 AM
    KY members??????????



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  • Ann Ruben
    10-22 12:39 PM
    I agree that an error in name order on an EAD is not likely to cause any major problems. However, You can apply for a replacement card by filing another I-765. If the error on the EAD is due to a USCIS mistake, no fee is required. However, if you caused the error by providing incorrect information, then you will have to pay the full $340 filing fee again.




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  • kirupa
    09-20 07:20 PM
    Hi gokoulane!
    What do you mean by filmstrip? Do you mean chaining movies together?

    Thanks,
    Kirupa



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  • SK2007
    03-25 04:48 PM
    You are more than welcome to do the stamping in any country... just that if your name comes under TAL or any other check, you would end up enjoying that country for longer than you had intended originally...

    I have been to Canada twice for stamping - no issues, just realized that they have become more strict in evaluating candidates - one friend of mine enjoyed Toronto for about 1.5 months (originally intended for 2 days).

    So talk to your lawyers and be safe and comfortable :)

    As said, you can go any US consulate to get your Visa stamped, I got my twice in Canada, once in Dublin, once in London, most times I was travelling on business, I know if there is somethging wrong my company and the lawer will be there. It depends on your company, I guess...




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  • sayonara
    08-23 11:12 AM
    I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
    Is there anything to be concerned about?
    TIA



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  • snathan
    02-09 02:48 PM
    well if there's a way for you to get your approved labor certification doc, or even the copy of the filed labor application; then definitely get it.

    The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.

    good luck.

    Read it properly before you jump. When there is no I-485 filed, where is the AC21 coming into the picture.




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  • Blog Feeds
    06-05 02:00 PM
    http://www.californiaimmigrationlawyerblog.com/border%20crossing.jpg


    On June 1, 2009, new document requirements go into effect at land and sea ports for entry into the United States. Pursuant to the Western Hemisphere Travel Initiative ("WHTI") an individual may show one of the following documents in order to be admitted into the United States:

    U.S. or Canadian passport;
    Trusted Traveler Card (Nexus, Sentri, or Fast/Express);
    U.S. passport card;
    State or province issued enhanced driver's license.


    California does not issue "enhanced driver's licenses." (Enhanced driver's licenses contain multiple levels of security features.) It is no longer possible after June 1, to travel to Canada and expect to return with just a California driver's license. You must therefore have proof of citizenship as indicated above or proof of lawful permanent residence (i.e., "green card"), or proof of some other kind of non-immigrant status in order to be able to return to the United States.

    For more information about the document requirements, please see my previous post on "Free travel widget helps plan trips abroad and return to the United States (http://www.californiaimmigrationlawyerblog.com/2008/10/free_travel_widget_helps_plan_1.html)." You may also go the U.S. Customs and Border Protection (http://www.getyouhome.gov/html/eng_map.html) website on WHTI to obtain further information.


    More... (http://www.californiaimmigrationlawyerblog.com/2009/05/new_border_crossing_requiremen.html)



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  • thesparky007
    06-06 12:46 PM
    why do you always use the glass effect?
    it takes off the beauty off the stamp




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  • natika
    04-30 09:44 AM
    Thank you clif and sanju_eb3 for the response.

    I'll talk to lawyers of the new company (once I find it).




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  • javadeveloper
    07-26 05:08 PM
    I guess you should wait for reciept # , it may take upto 6 weeks,once you get reciept# you can apply for EAD/AP on your own.




    indi0818
    03-07 05:33 PM
    Thanks immigration voice1. What was the reason for such a delay?




    hankles
    10-09 09:17 AM
    http://www.businessweek.com/bwdaily/dnflash/content/oct2008/db2008108_844949.htm?chan=top+news_top+news+index+-+temp_news+%2B+analysis

    One could only hope that BusinessWeek readers perceive this as a case of a few bad apples and not the whole cart.



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  • GCKaMaara
    06-08 12:13 PM
    IV Advocacy Days Blog: Immigration Voice Advocacy Days (http://advocacydays.blogspot.com/) Has Just Posted the Following:


    http://2.bp.blogspot.com/_fX3q8nFxM-k/TA5g9SvkO3I/AAAAAAAAACU/_HCK3XwDTCo/s400/SDC10159.JPG (http://2.bp.blogspot.com/_fX3q8nFxM-k/TA5g9SvkO3I/AAAAAAAAACU/_HCK3XwDTCo/s1600/SDC10159.JPG)
    More Situation room photoshttps://blogger.googleusercontent.com/tracker/6606610335683210036-2524864943576054158?l=advocacydays.blogspot.com


    More... (http://advocacydays.blogspot.com/2010/06/situation-room-is-busy-with-activity-2.html)


    Keep it up




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  • dilbert_cal
    02-09 01:57 AM
    "urgent - attorney please reply"

    Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.

    You do not need to inform the company holding your H1 when doing a transfer.

    I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.

    I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.




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  • paskal
    08-27 01:56 PM
    Pezz,

    I hope you get some good suggestions- just a little thing- your attorney does not have to be located where you are, a lot of people deal long distance!

    Please don't forget to join your state chapter and sign up for the rally. We are counting on a strong presence from the Philadelphia area and indeed all PA!




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  • India_USA
    10-25 09:15 AM
    let's abandon the gc process, pack up and leave...........



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  • ita
    11-01 01:44 PM
    At the time of filing my application I just used one address.

    Somehow I didn't know you could use Permanent address and current address.

    I'm not sure but I guess my lawyer didn't file G325 form.
    Is filing G325 form something mandatory ?

    I've moved recently.

    I want to change the address now but want to give a new address (which is not the address I moved to .)

    Should it be fine?

    Thank you.




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  • kaisersose
    08-22 06:09 PM
    Your current employer can revoke your 140 which will send your 485 straight to the trash can.



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  • kirupa
    03-22 05:10 PM
    Added!




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  • txh1b
    08-18 09:21 AM
    As both the I-94 that you got with the I797 and the white I-94 that you surrendered are with the same number, it does not really matter as the arrival record associated with the I-94# would have been closed with the departure record submitted by the white I-94 card when you left the country.

    You can send the I-94 card tothe London, KY address to be sure. AFAIK, if the I-94 with the same number was turned in, you are fine.



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  • go2roomshare
    03-29 11:54 AM
    any help gurus




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  • grinch
    05-17 03:08 PM
    Haha! Good concept, nice stamp man.

    *shivers* 50cent... :lol:



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  • gcformeornot
    12-19 03:47 PM
    Does anybody know if original first passport needs to be sent.

    Thanks.




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  • TO BE OR NO TO BE
    09-11 04:43 PM
    Deepak,

    Its true that you have to have valid passport (which is not expiring withing 6 monts) at the time of visa stamping.

    Get a new passport before you leave for India. You can apply for a new passport in India Consulates in USA. Google it and you will find out more.

    Hope this is helpful,

    MP



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  • gcseeker2002
    11-09 04:11 PM
    I am july 2nd filer , received by R.Williams at NSC and still dont have EAD so I took infopass appointment as my case status still shows pending. I did fingerprints about 2.5 months back. I was told in the infopass that my case is still pending so if i do another set of fingerprints, my case would come up to grab attention of the staff at NSC. So, they did fingerprinting again and lo, i saw 2 luds on the 765 yesterday and today , am I really going to get EAD soon or did the infopass uscis guys just fool me and take the fp just to pretend they did something on my case, anybody else faced this, pls respond.




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  • gc_mania_03
    08-13 07:00 PM
    Folks,

    My Green Card was recently approved. But, due to retrogression I had not filed for my wife's green card.We did file her I-485/EAD/AP during the month of July. My PD is around 2003, and I dont see my wife's GC being approved very soon.

    My questions are:

    1. What kind of documents are required in the future? Lets say, I start a company and work for my own company. In that scenario, what are the requirements I need to fulfill to keep her application in good standing.

    2. What happens if I go without a job for a few months(between consulting gigs). Does this adversely impact her application.

    3. At the minimum, how do I keep her application in good standing, and be ready to respond to future RFE's.

    I am not sure if these questions were discussed in this forum. I would appreciate if anyone can point me to any links.

    Thanks



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  • shx
    01-29 07:02 PM
    You should only disclose class B misdemeanors and up. I would think that your citations are class C misdemeanors, which are same as traffic violations. I don't think you are required to disclose those, unless you got arrested, taken to court, etc. Just my opinion.




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  • pointlesswait
    04-08 01:25 AM
    My second 140 may be approved by this month end.. Neb-Nov. 08-filing... i am hoping i will be able to port my PD..to 12-05

    Now..in case i lose my job... and since i am in my 9th yr-h1..which expires may-2010..

    suppose ..i cant find a job ...and if i have to leave US.....(but my employer agrees not to cancel my 140)
    a.) what should i do to retain my GC process?
    b.) How do i switch to CP processing....

    Thanks in advance..



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  • Z.Liu
    02-23 01:46 PM
    Hi, guys,

    I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!

    Is he correct on this?

    thanks.




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  • wandmaker
    08-25 01:10 PM
    My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?

    Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?

    Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.




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  • matreen
    07-16 01:50 AM
    So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?

    I got the same question?

    Anybody? any ideas?




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  • sathweb
    01-21 09:18 PM
    I am trying to get a green card for the US. My parents are from east asia and I was born in Canada. I went to University in Maryland from 1992-96 and obtained my dental license. I am licensed in the US and intend to purchase a dental office soon. I will still be keeping my dental office in Canada for at least 1 year once I am able to work in the US. I heard about a investment visa however I am not investing more than $400k but it will employ at least 4 US nationals(ctizens). Can I still use the investment visa or can I get a visa for opening a secondary dental office in the US and still keep my existing office in Canada until I qualify for a green card. Also can anyone recommend a good lawyer. How much should it cost for me and my family(wife and 3 children ). Email me if you wish AT



    bruce.shaw@ymail.com


    Check this out:
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    If that does not work:
    Click on first link from google results

    http://www.google.com/search?hl=en&q=Investment+VISA+EB5&btnG=Search




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  • srarao
    09-05 08:32 PM
    Hi
    My middle name is given only initial on not full on 1-485 ,131 receipt but 765 has full name
    can any one advise me on how to resolve it.

    I am on H1 now and my H1 B approval also had my middle name as initial.




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  • USIVC
    12-21 05:28 PM
    Below is what I think to your three case scenario:

    Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.

    case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.

    case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.

    There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)




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  • wandmaker
    02-11 04:35 PM
    US Congress has time for all this

    http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm

    Like any other professionals, It is part of their career development and knowledge upgrade - You should not complain.



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  • austingc
    08-07 12:01 PM
    I have probably a strange case .In 2007 when all the dates were current my employer filed I-140 & I485 at the same time in EB2 . I have received AP and EAD both according to standard procedure.I have maintained my H1B status. Then after a month or so I have received I-140 rejection due to different job requirement and I am overqualified for the job so my attorney interfiled new I-140 under EB3 without worrying about I 485 thinking since I 140 is denied it should nullify I485 under EB2 . In the mean time USCIS sent me a new I-485 receipt # . I got my I 140 approved in another six months under EB3 and now I have two I 485 receipt numbers as well as two A numbers. Both of the receipts when I checked the status show that it is under initial review. Shall I call USCIS and get rid of the initial I485 which is under EBII . Anyone had this kind of experience??
    Joshibuwa,

    I don't think you want to hear our openion to take action in your sitution. Talk to a good and reputable attorney to handle this case.




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  • Jayakamal
    12-22 04:15 AM
    Dear Thambi,
    Thanx Very much for the advice.
    Hope it would help.Keep up the good job.
    Great Site & Great Suggestions Too..
    Thank U
    Jayakamal



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  • rongha_2000
    04-22 12:16 PM
    Workvisaforall,

    Considering you are an immigration attorney. Will you help me in my query?

    My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?

    I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.

    Your insights are appreciated.

    Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.

    AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.




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  • Alcanor
    July 1st, 2004, 06:08 AM
    Thanks for your comments :) I hope that this will be the beginning of a good friendship :P ;)



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  • martinvisalaw
    12-22 12:03 PM
    You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.




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  • shana04
    02-19 01:23 PM
    I have been trying to go thru various threads in this sub-forum. I have few questions, which I will appreciate if anyone can answer:

    1. Are you responsible for invoking the AC21 or the new company that hires you does that?
    You

    2. Will you be hired into new company using EAD or H1B?
    EAD or H1B

    3. Does H1B need to be transferred to the new company anyways?
    yes, if you want to use H1B. Else use EAD it is your choice

    4. If wife has started using her EAD, how does that get affected?
    no, problem, if you are still on h1b then she can always fall back to h4

    5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
    you can use AP issued.


    Thanks
    Good luck

    Karsan

    ------------
    Status (Notice Approval Dates):
    - AP (11/2007),
    - FP & EAD (10/2007),
    - I-485 (9/2007),
    - I-140 (6/2007)



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  • raysaikat
    05-18 01:52 AM
    ... Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school?...

    Penalize in what sense?

    If your marriage is a true marriage, then there will be no problem with respect to immigration even if you do not live at the same place.




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  • bigboy007
    07-25 08:10 PM
    Lets see but i dont think senators are dumb in these too , it took them that much time to CIR and its not that easy to pass something in the same class overnight yes we need to vigilent and if needed we can start our campaign rightly said , we need to keep friends close and enemies closer. Lets pull up our sleeves again , CORE comments?

    But where does on ALIPAC it says so ? i have searched nothing was found yet.



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  • Green.Tech
    03-04 02:14 PM
    Hi

    I am qualified in finance;started my career in finance & continued for 4 yrs. then switched over to SAP implementation ; for over 3 yrs now, i have been into SAP implementation projects. I have H1B approved for SAP work.
    Now, can I take up a job with a different title - say, "Finance Analyst" or "Corporate Finance"? I have been talking to various clients in California that are interested in offering me finance positions.

    Please fill out your profile so people can answer your query in a better way.




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  • senthil1
    03-19 03:23 PM
    CIR is called as CIRCUS as just it is happening for show every year for fun. Not sure when the show will start this year?

    Whats CIRCUS bill?



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  • gimme_GC2006
    07-13 09:00 PM
    ^^^Bump^^^ :rolleyes:


    Any takers? :confused:




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  • gc_on_demand
    01-14 02:57 PM
    Hello Sir/Madam,

    I came to US on H1B visa and recently i switched my job.My previous employer (INDIAN Employer) is asking me to return original H1 petetion which they filed.

    Can anyone please help me with below queries
    1. Do i need Original petetion from previous employer for Green Card processing ?.
    2 Should i return H1 petetion or not to my previous employer ?.
    2. Is it legal requirement that i need to return original H1 petetion to previous employer who filed it ?.

    I would really appreciate and thankful , if you clarify my doubts.

    thanks in advance


    You can return top part of petition and keep lower part with you. Before giving back just make a noterized copy with you. just in case.



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  • tonyHK12
    05-19 11:59 AM
    Arnold's Baby Mama Is Guatemalan Migrant : Barbados Gazette (http://www.barbadosgazette.com/arnold%E2%80%99s-baby-mama-is-guatemalan-migrant/)




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  • chanduv23
    02-14 03:33 PM
    Come on folks, please send your love letter to the WH on a special day




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  • wandmaker
    06-27 11:37 AM
    Hi All,

    Joined California based consulting company in mid 2006, got project in Maryland(MD). Worked in Maryland but CA company ran payroll on CA address. I have LCA for Maryland. End of year,2006 filed tax filing with CA state.

    Project went till February,2008 they are running my pay stubs,W2 with CA address. I filed CA tax returns for year 2007 but stayed in Maryland.

    Now my questions is I�m present in Maryland(LCA) but pay stubs,W2 are showing CA address. In demographic information form(g-325) which I address I need to use. Should I go with physical address(Maryland) or W2 address(CA).

    I have no idea how to go about this, can you please advice how to present my case.

    Thanks,
    Sampath.

    In G325, you should specify the address where you lived. On the other hand, though your W2 says CA address, you should have filed taxes with Maryland and filed taxes with CA as non-resident.




    gunabcd
    06-22 12:13 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.




    plakshmi
    02-27 11:15 AM
    We filed for adjustment of Status in August 2006 and received EAd's and travel documents. We have not yet received fingerprint dates. Will it take this long? Any advise on how to deal with this?