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  • Rastogi
    06-22 08:01 PM
    Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?




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  • h1bdude1
    04-09 04:11 PM
    Hello guys,
    Need little advice from you guys.

    My wife is having her citizenship interview and oath ceremony on April 30th.
    My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.

    after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???

    thanks
    h1bdude1




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  • nkappiah
    07-19 10:58 PM
    I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.

    Check with a lawyer before you do anything.


    Who or what is fragomen? Where can I read up more on this?




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  • indianindian2006
    06-24 08:50 PM
    Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.



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  • frostrated
    08-11 02:24 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
    If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.




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  • moolivkkr
    07-19 03:18 PM
    Hi Guys,

    I just learnt about the news in Business week on starting discussions for increasing Visa Numbers to help alleviate our pain.
    Skilled Workers May See Green-Card Surge (Link:
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_068854.htm)

    With this in mind I was wondering whether we can compile list of victims of Immigration system based on state and send it to each senator asking for help in moving Skill bill and other pro-immigration reforms cleared.

    We can also indicate some on the main issues we are facing as a summary to each senator to make the people understand what kind of roller coaster our lives are

    Information that can be captured to indicate the wait time and different ways we are affected.

    Name, State, PD, approx Expected approval date (with approx 750000 thousand applications in July) and what effect this would cause on our lives

    A) Family torn apart (kids growing older than 21, etc)

    B) Cannot live the American dream by excelling in work to higher position and benefits for average 5 - 10 years - cannot change jobs or responsibilities

    C) Kids (mostly citizens of US) deprived of basic luxuries because parents cannot buy houses and cannot send them to private schools because of uncertainty in visa status. Most of them manage in rental homes and feel guilty for not able to provide the best for those innocent kids (US citizens)

    D) With this long waits, Could not purse higher education because of 6 years limit on H1 and no option to change employer after 6th year because of pending application.

    E) Most immigrants are eagerly waiting to start their businesses but are restricted because of visa status and the dream remains dream for most of them because of timing in market and personal life.

    F) Some of them are abused by employers who take advantage of the loop holes in the immigration system and long waiting times.

    G) Lose of revenue, most of the spouses are well educated and are not able to work because of H1 quota limits or no EAD and it takes on an average 3 -5 years before you get your EAD.

    More can be added based on others experiences.

    It would be great to get some information about Taxes paid (percentage) by immigrants,
    Number of businesses opened etc to make the case stronger.



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  • sk.aggarwal
    10-26 10:41 AM
    How long does it takes to get any thing back on FOIA request. I send over the documents a month back, havent heard anything back. Not even my position in the queue. How long does it takes?




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  • immilaw
    09-19 06:16 PM
    My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
    Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.

    Under the law, the employer is only obligated to pay the training fee, i.e. $750 or $1500. The rest of the fee including the H-4 fee can be paid by the employer or the employee.



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  • number30
    04-21 12:59 PM
    Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
    I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.

    I.e filing I-824 in USA and helping in india to prepare for the interview

    If not in delhi , then please recommend any where in India :)

    Also any idea , how much would it cost.

    Thanks in advance

    It is Consular Processing

    Is it EB based?
    Sheela Murthy has office in Chennai. But if you ask me you do not need attorney.

    Otherwise you can get an attorney here. Most of the paper work is done here. All you need to do is to take packet for the interview.




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  • MatsP
    July 4th, 2006, 01:19 PM
    Welcome to Dphoto, 12bar.

    Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...

    Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).

    Guitarrs tend to not work at all for me... :-(

    But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)

    --
    Mats



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  • tw00ne
    06-26 12:13 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...

    Thanks




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  • chintu25
    12-13 03:15 PM
    I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .

    Steps to take:
    Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site

    Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.

    If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well

    This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do

    CORE team please help and support.



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  • cardamon
    08-29 09:33 PM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:




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  • fasterthanlight�
    05-19 05:49 PM
    Agreed.



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  • rajenk
    06-15 04:24 PM
    As you have said, try to prepare all documents to prove that your project will be lasting for 3 more years. That should help you getting a 3 year extension.

    Good luck




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  • martinvisalaw
    01-07 02:40 PM
    Your mother can file a B-2 extension request on an I-539. She should not need to file an Affidavit of Support, just provide reasons why she wants to extend beyond the initial admission period. In my experience, CIS is very generous in granting extensions of visitor status. It my take a few months to get an approval. However, as the previous poster says, she can stay in the US while the extension is pending IF the extension is filed before her current status expires. Good luck.



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  • sfhdweb
    12-27 01:17 AM
    Does .net framework give access to complete functionality of Windows OS?
    Is .net used by Microsoft to build any applications. If so please give some examples. Is win32 api and C++ or is .net with C# the preferred way. When is win32 api used explicitly?
    great information its very helpful to me




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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.




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  • guyfromsg
    09-21 10:15 PM
    guyfrommsg,

    i have filed in the form / submitted the application for joining the google GA group. please check.

    Hi,

    Remember we met in the rally. Your pictures are great :)




    Ann Ruben
    03-07 07:05 PM
    If a lawyer is handling the case, the originals were probably sent to him or her.




    sd1020
    02-26 02:10 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.



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  • eb3_nepa
    07-20 01:59 PM
    You can change jobs ONLY if BOTH the following conditions are met.

    1) I-140 is approved AND
    2) I-485 has been pending for MORE than 180 days.

    EAD has NOTHING to do with it.




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  • morchu
    05-24 01:25 AM
    SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.

    But in a practical scenario she need an SSN to work (see below reasons).

    SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
    Does she need SSN to work on EAD?




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  • LondonTown
    06-19 01:04 PM
    Hi
    My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
    Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
    If there is a problem in stamping can i return on the old visa stamp.
    Thanks
    ANAND

    I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
    Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.




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  • pyrosleepy
    07-24 03:11 PM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
    Why did you quite your previous employer when they got your I-140 approved?



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  • nileshilpa
    08-18 06:19 AM
    Hi there,

    I got my FP done yesterday in Newark,NJ ASC. But online status only shows LUD on I-485 case.. I've applied EAD and AP too, but don't see LUD on them.

    Also, in ASC they give you form to fillout, I only put my I-485 receipt number on it, should I have put all three receipt numbers?.

    Any thoughts,

    Thanks,




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  • irukandji
    05-09 12:18 PM
    Today I talked to Lvl-2 officer and he said that they are upgrading the online system and the status check should be back by end of this month(May)...Not sure if he's just covering up..



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  • snathan
    09-15 09:11 PM
    I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:

    labor PD : 03/2005 (EB3)
    labor PD : 12/2006 (EB2),
    I-140 approved (EB2)
    I-485 Applied : 07/2007 with approved EB2 I-140

    Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.

    Thanks a lot!

    You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.




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  • itsokgc
    07-18 01:18 PM
    FYI..

    Employer B I-129 is valid till Dec 2008



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  • dbevis
    June 12th, 2005, 04:26 AM
    Nice choices. Those two lens will no doubt get a lot of use. They certainly seem to be working well for you in these shots.




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  • rbalaji5
    01-11 01:52 AM
    bump



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  • dog123
    01-11 04:41 PM
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  • dan19
    09-07 08:12 PM
    Below is the message She gets from Fedex when she tracks the package.
    Is it normal?

    Sep 6, 2006 10:52 AM Delivered WILLISTON, VT
    9:44 AM Delivery exception WILLISTON, VT
    Rerouted to revised delivery address
    9:44 AM Held at FedEx location for recipient pickup WILLISTON, VT
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  • ramaonline
    12-08 11:04 PM
    H1B requires a minimum of bachelor's degree which is 16 years of education. Also, 3 years of work experience is considered equivalent to 1 year of college education.

    You can qualify for H1B if you have some experience in addition to the 3 year degree




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  • shankash
    06-14 06:44 PM
    My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.

    Anyone has experience who filed I-485 MTR and it was successfull through this attorney.


    Please PM me if you do not want to share the experience in public.



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  • kghoshal
    11-22 07:17 PM
    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.




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  • chintals
    10-22 01:39 PM
    My application is sent to NSC -> TSC -> VSC. I-485 is transferred back to TSC while AP and EAD are pending at VSC.

    Details in signature.



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  • lkapildev
    04-14 12:02 PM
    I got the email today, per email card production ordered on April 12th 2008.

    Filing dates as follows:
    485 filing date July 27 2007:
    485 Notice date Sept 26 2007
    I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
    Best of luck for you all!!

    Wish you a happy indian new year.




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  • indianindian2006
    04-12 04:13 PM
    Gurus,
    Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
    she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.

    Thanks,
    Manish

    Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
    Please consult your attorney for confirmation.
    Hope this helps.




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  • atumalla
    11-06 12:46 PM
    I got two luds on 140 485 131 765 after FP.




    kghoshal
    12-31 05:28 PM
    Consult attorney Murthy with new memo, she may help you. It is my personal opinion.




    Nikith77
    12-11 01:24 PM
    Hi Gurus

    Do we get FP again for second EAD :confused:


    Thanks in advance.



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  • rabbitboy33
    03-07 08:27 AM
    My employer received my labor certification packet last week. However, other than a letter which states that my case has been certified, there was no other certificate/form.

    The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.

    Please help.




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  • wandmaker
    05-12 04:04 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.

    I am afraid not, you will have to talk to a tax consultant




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  • Blog Feeds
    11-14 04:21 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    “If we are truly going to fix a broken system, Congress will have to act”

    The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:

    We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.

    Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.

    As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.

    The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.







    More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)




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  • invincibleasian
    01-12 07:46 PM
    Remember its your responsibility to turn in I94s. No one is going to ask you these when you depart the US. Submitting the i94s and using the us visit system enable correct traclking of your entry/departures. Read the instructions on the 1797 it tells you clearly what you need to do.



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  • eb3_nepa
    06-14 02:38 PM
    What happens after the I-485?

    I guess I-486:D


    Funny. :)

    But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.




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  • sundarpn
    07-22 04:20 PM
    My attorney has asked for the I-485 to be printed:

    double sided with Flip to Top option.

    Did anyone else do the same?



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  • factoryman
    06-21 05:43 PM
    My thinking was : I think it is small (citation and fine); so, you can ignore it.


    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?




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  • srinivas_meena_vinu
    07-18 11:15 AM
    Hi,

    I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.

    Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.



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  • Charleh
    01-20 11:01 AM
    I've fixed and done a bit more on the project since then - I'll see if I can get a test project to you so you can have a look.




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  • rpatel
    12-12 09:51 AM
    I have an opportunity to do some consulting work for a company B on a part-time basis apart from my current full time job with company A. I know that I will need another H1 for the part time gig but what I am confused about is whether the company B has to wait for next years quota to file for an H1 or can it file immediately ? Meaning is the H1b quota tied to max no of individuals ? or to max no of positions ?

    I would appreciate if some one knowledgeable about the issue can comment on my question:confused:



    more...

    Alex Pettyfer Peeta. alex pettyfer long hair.
  • alex pettyfer long hair.


  • GoldenBoy
    10-13 07:09 AM
    so its possible to edit swfs from swift in to flash mx or something

    if so thats how?what id like to now

    thanks:)




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  • Alex Pettyfer- He was a strong


  • nomad
    09-13 01:44 AM
    Great work Chandu and team!
    Thanks to Puneet and Tanya for providing fodder for this final video presentation

    http://www.youtube.com/watch?v=B-MtK_rQ1zk

    B-MtK_rQ1zk



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  • Alex Pettyfer


  • askreddy
    07-26 12:49 AM
    Hi

    Which part of address change trigger RFE

    1) Submitting AR11

    OR

    2) Changing address for pending 485.

    Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.

    Thanks




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  • Gale, Peeta, and other


  • India_USA
    04-28 12:59 PM
    i 94 is for each person, so yes, your dad and mom have to have i 94 separately



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    pictures Peeta Mellark: Alex Pettyfer Alex Pettyfer Peeta. Alex Pettyfer from I Am Number
  • Alex Pettyfer from I Am Number


  • deardar
    06-18 04:09 PM
    I dont directly work with attorney, the company works so by the time the information gets relayed its taking time.




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  • bigboy007
    11-01 11:40 AM
    Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.

    I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?



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  • and Alex Pettyfer would be


  • wait4ever
    11-12 12:01 PM
    Hi California members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    CAn you tell me the logic of posting multiple threads with this subject - wont just bumping the thread give you the same effect - this is really irritating




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  • a chat with Alex Pettyfer


  • Phogs
    07-07 10:52 PM
    If finance is not an issue with u or co. then renew it as a fall back. U'll never know that those guys in USCIS will do on your papers. So it is better to be safer than safe =)

    PD 2004 ROW:(
    I140/485 Pending:confused:
    EAD/AP Approved:p

    filed H1B Extention 4/18/2008:D comapny paid for it.




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  • 2) Alex Pettyfer - I Am Number


  • ruby
    09-24 12:29 PM
    Can someone please point to official details of interfiling? My lawyer is not using it to make use of my better PD.




    Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.




    ameryki
    04-08 04:14 PM
    yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.