BPforGC
10-16 03:21 PM
It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.
H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.
H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.
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GooblyWoobly
07-18 07:23 PM
Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
fuzzy logic
07-01 12:25 PM
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
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morchu
08-01 12:12 AM
Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
more...
jonty_11
11-15 01:41 PM
Yes, I94 is a part of ur new H1 (at teh bottom)...so u can go to Canada Mex using that and enter back into US within 30 days....
sobers
07-04 12:06 PM
"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
http://www.latimes.com/news/local/la-me-skilledvisa3jul03,1,1670817.story?page=2&cset=true&ctrack=1
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
http://www.latimes.com/news/local/la-me-skilledvisa3jul03,1,1670817.story?page=2&cset=true&ctrack=1
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satishku_2000
02-21 01:09 PM
I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.
I try to access the page now and it shows the old one ...hehe :mad: ..
Hopefully they are in the process of correcting/retracting ...
I try to access the page now and it shows the old one ...hehe :mad: ..
Hopefully they are in the process of correcting/retracting ...
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theperm
05-07 02:49 PM
since leaving the employer was not my intent but the employer`s decision
more...
perm2gc
11-03 04:30 PM
The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
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manderson
03-01 02:01 PM
Well my RD is not current I plan to call NSC periodically to find out if my case has been assigned to an IO yet. If the next step is pre-adjudication, then great, but I have doubts about that.
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
does it reflect on online status? How else can we find out that one's case has been pre-adjudicated... LUD?? or any specific status?? or only IO can tell??
more...
Lill
03-02 03:59 AM
oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)
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genius
11-20 09:18 PM
Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
more...
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ak_2006
11-09 12:15 PM
I completed the form.
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walking_dude
11-25 11:52 AM
Dear Friend,
Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.
Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519
I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)
As you might know our community is facing the following situation
1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.
2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.
Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more
3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines
Now I know the problems ! What's the solution?
1) Increase worldwide EB GC numbers to 290,000 per year or more
2) Eliminate country quotas
3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.
I know the solution. But, pray, who'll bell the cat?
Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.
Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.
What's Lobbying? Is it Legal for non-citizens ?
Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.
Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.
Boy, It must be really COSTLY to hire those DC Lobbyists?
You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.
Contributions are what keep IV ticking and working for you.
I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !
IVs success record so far in the order of signifance to EB community
1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .
IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.
IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.
IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !
IV Walked the Talk and helped the EB Community immensely
3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.
IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485
IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions
All right. Is there anything I can do to help IV?
Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.
Just spread the word. Forward this E-mail to all your friends waiting for GCs.
1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.
Website link - http://www.immigrationvoice.org.
Member registration - http://immigrationvoice.org/forum/register.php
2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.
You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org
3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -
a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
b) Fundraising at local Events
c) IV publicity through Flyers at public places & Events
d) Local media outreach to get media coverage for EB community
Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)
How to join ? : Yahoo/Google groups for the State chapters are listed here.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)
Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !
You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?
Ask IV !
Call - (202) 386-6250
E-mail - info@immigrationvoice.org
Immigration Voice (IV) [http://www.immigrationvoice.org] (http://www.immigrationvoice.org%5D), a grassroots organization working to solve the issues faced by employment-based immigrants, is planning a DC Rally during the first week of March 2009 to bring the issues faced by our community to the notice of US lawmakers.
Details of this initiative are provided here - http://immigrationvoice.org/forum/showthread.php?t=22519
I request you to join IV as a member and support this initiative by indicating your interest to participate in the DC Rally and Lobby Day (visiting lawmaker offices to seek their support)
As you might know our community is facing the following situation
1) 140,000 total numbers per year worldwide vs. 1 million applicants and their families waiting in the line. Some from 2001 and may be before that ! It's common sense that it will take at least 6 years to clear just the current backlog, if there were no per country quotas.
2) Per country quotas of 7% exacerbate the situation to applicants from high-demand countries like India, China, Mexico and Phillipines. Approximately just 10,000 visa numbers are available to India where as it's estimated that at least 44% of the applicants may be from India ( based on USCIS statistics of around 44% of H1bs being granted to India every year). As spouse and children are counted, considering 4 members per family, on an average only 2500 Indian applicants get Green cards in a year. As you can see the numbers are dismal.
Meaning, if you are from India, China, Mexico or Phillipines, you may have to wait 10 to 12 years to get your Green Card or more
3) Between USCIS and DOS (Department of State that runs the Visa bulletin) a number visas get wasted every year, worsening the already BAD situation. For instance between 1994 and now 218,000 GCs were wasted by USCIS. ]If the trend continues, it may well mean 15+ years for India/China/Mexico/Phillipines
Now I know the problems ! What's the solution?
1) Increase worldwide EB GC numbers to 290,000 per year or more
2) Eliminate country quotas
3) Exempt spouses and children ( dependents) from the GC quota (this will effectively double the quota)
4) Since USCIS inefficiency cannot be fixed by us, implement a 'Rollover' of unused visas to the next year(s)
5) Recapture the unused number of 218,000 visas . This may mean you'll get GC or at least see PDs jump forward by a few years (reducing your wait time tremendously)
6) Lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions.
I know the solution. But, pray, who'll bell the cat?
Fortunately for us, there is an organization that is working 100% exclusively for our cause. Immigration Voice ( http://www.immigrationvoice.org) a non-profit organization formed by EB immigrants to work for our cause. Starting with barely 200 members when it was formed in 2005, now it boasts a membership of 30,000 members and around 30 state chapters serving every US state with significant EB immigrant population.
Immigration Voice ( fondly called IV by it's members) lobbies the US Congress and USCIS to provide relief to us. They have hired a high-profile lobbying firm Patton Bloggs to do lobbying for our cause. In addition they also do grassroots lobbying at State chapter level with the local Congressmen.
What's Lobbying? Is it Legal for non-citizens ?
Lobbying or 'Advocacy' is the act of Petitoning the US Government to redress issues faced by any person living in the United States. It's a right guaranteed by US Constitution (First Amendment) to every person living in the United States, citizen or not.
Just like you can argue your own case in a court of law (if you choose to do it), you can also lobby or petition the US Government on your own. If you chose so, you can also hire a professional lobbying firm to do it for you, just like you can hire a lawyer to represent you in the court. Both are legally guaranteed rights. It's common sense that a professional does a better job - be it an experienced lawyer or a lobbying firm. Getting professional help greatly increases the chances of success.
Boy, It must be really COSTLY to hire those DC Lobbyists?
You are right. They are costly, but IV has been managing to keep the effort funded through sacrifices of it's Leadership (IV Core group), voluntary contributions from it's members, local fundraising campaigns by State chapters and selling IV-branded merchandise.
Contributions are what keep IV ticking and working for you.
I understand IV has been doing all this? Have they had any success so far? I don't want to invest in a campaign destined for failure !
IVs success record so far in the order of signifance to EB community
1) July Visa bulletin Reversal - Due to flip-flop by USCIS 350,000 applicants were denied the promised ability to file I-485 in July 2007. Chances are you might have been one of them ! We faced the grim prospect of losing thousands of dollars and countless hours of effort .
IV conducted 'Flower Campaign', i.e sending Flowers to USCIS director Emilio Ganzales to request redressal of this unfair decision (in the spirit of passive resistance movement of Mahatma Gandhi). It provided wide media coverage to the issue nationwide.
IV through it's California chapter, conducted the successful 'San Jose Rally' to highlight the isue to the Congressmen through the media. It also took an active role in petitioning San Jose Congresswoman Rep. Zoe Lofgren to help fix the issue. As it turns out Madame Lofgren, who also happens to be the Chairwoman of House sub-commitee on Immigration, was instrumental in forcing USCIS to rescind (revert) it's prior unjust decision ! An IV effort that paid rich dividends.
IV actively particpated in discussions with USCIS in deciding the modality of reversing the decision, and was the first group to announce it, even before USCIS and US Department of State !
IV Walked the Talk and helped the EB Community immensely
3) Lobbying USCIS for administrative reforms - IV participated in the FBI Namecheck backlog reduction meeting ( when it approached alarming figures with some waiting for 1-3 years), where USCIS announced increased FBI funding to expedite the checks and other process improvements to increase efficiency.
IV also successfully lobbied USCIS to increase validity of EAD/AP to 2 years from the previous validity period of 1 year. It has resulted in a saving of at least $1400 per year for every EB immigrant family that has filed I-485
IV continues to lobby USCIS to relax USCIS strict determination of 'same and similar jobs' (defined by AC21 law) to provide job mobility and promotions
All right. Is there anything I can do to help IV?
Definitely ! IV is an organization of volunteers just like you and me. There are several ways you can help IV. For starters by participating in the very important upcoming DC Rally and the Lobby Day.
Just spread the word. Forward this E-mail to all your friends waiting for GCs.
1) Join : IV forums are a good source for finding answers to Immigration related matters and exchange information. IV also conducts pro-bono (FREE) lawyer conferences for members on a regular basis.
Website link - http://www.immigrationvoice.org.
Member registration - http://immigrationvoice.org/forum/register.php
2) Contribute : As you have understood, Lobbying requires lot of funding. IV needs your support to keep the good work running.
You can contribute either one time or join as a monthly (recurring) contributor [preferred] here -
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
You can send ANY AMOUNT to IV as a contribution. All you need to do it create a PayPal account (if you don't have one), register a bank acount/Credit Card with PayPal (if not already done). Send money to IV using E-mail id - donations@immigrationvoice.org
3) Volunteer : If you are open to volunteering, you can join your local State Chapter of IV. State chapters conduct activities such -
a) Lawmaker meetings with Congressmen to discuss issues faced by EB immigrants
b) Fundraising at local Events
c) IV publicity through Flyers at public places & Events
d) Local media outreach to get media coverage for EB community
Benefits of joining : State Chapters provide more detailed coverage of IV updates issued from time to time than available at IV forums (restricted due to presence of anti-immigrants). They also provide updates early ( 2-3 days before stuff gets posted on IV)
How to join ? : Yahoo/Google groups for the State chapters are listed here.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52 ( Scroll to the bottom !)
Submit a request to join your State chapter with your - IV id, Full Name, E-mail, Telephone number (mandatory to filter anti-immigrants). State chapter leaders will call to verify and you are in !
You have covered it in detail. Yet, I have many unanswered questions! Whom should I contact to get more info?
Ask IV !
Call - (202) 386-6250
E-mail - info@immigrationvoice.org
more...
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gc_chahiye
06-08 12:06 AM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.
If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.
no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.
If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.
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danu2007
08-21 09:26 AM
Congratulations.:)
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oldporkchops
07-29 04:00 AM
Hi there,
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
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waitingnwaiting
01-25 09:51 PM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
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bigboy007
04-09 03:07 PM
I think too that you in ok shape , I dont see a reason why ppl are against Labor certs not that i have one its legal at time. as Karthik mentioned good to keep all paychecks.
I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.
I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.
krish2005
11-09 08:47 PM
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
fide_champ
06-25 04:14 PM
My lawyer claims she seems to be getting all the information from USCIS and Aila but i cannot believe that she missed this simple one. They don't even realize how it can screw people's careers. If i don't get the application back within 2 weeks, i am screwed forever.
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