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  • morchu
    05-12 05:47 PM
    Thanks for clarifying this.
    OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.

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  • ganguteli
    07-07 11:58 AM
    Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
    Unless these people support, people who are in the labor pending stage will not get enough members to help them out.

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  • CantLeaveAmerica
    04-16 02:09 PM
    not a good place for IT...dallas or austin is better than houston...

    I dont agree..IT is good in Houston too..depends on what ur skillset is though

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  • somegchuh
    10-26 02:56 PM
    So they took the original I 797 after the itnerview and mailed it back with the passport?


    they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.

    I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find

    Have a question about your NIV application? Contact the NIV unit by the following methods:
    Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
    E-mail: nivnd@state.gov
    Fax: (011-91-11) 2419-8407

    Want to contact VFS? Please use the following methods:
    VFS Helpline (Excluding Punjab): 011-4222-0000
    VFS Helpline (Punjab): 0181-504-1444
    E-mail: infodelhi@vfs-usa.co.in
    VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.

    If you are calling from outside India, please call VFS at 011-91-44-4231-6767.

    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.


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  • sudhirvallam
    10-24 06:39 PM
    The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.

    2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?

    Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.

    Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)

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  • statuslaw
    01-22 06:03 PM
    Thanks, singhv_1980!

    My job is related to research in chemical engineering. Do you mean my name check or security check was already done? How long to wait for PIMS verifications?

    There is a possibility that you are also stuck in PIMS verifications. There is a whole bunch of threads going on with the topic. I believe security checks are done if your job profile is sensitive (like semi conductors, nuclear ).

    Good Luck!


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  • sai2005
    03-06 04:22 PM
    ALL Gurus,

    My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

    Issue Details:
    1) Applied GC EB2-RIR on JAN 2005
    2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
    3) Received EAD and AP for both myself and my Wife.
    2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
    3) Responded to RFE with mentioned documents on Jan 30th 2008
    4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
    5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
    6) My wife is on H1b Visa.

    Questions based on my Issue:
    1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
    so please advice on how to retain my status.
    2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
    3) Can I apply for a new Labor (PERM)? If YES:
    1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
    2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
    4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
    5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

    I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.


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  • Scythe
    11-11 07:21 PM
    You gave him $800 in return for a $200 prize?


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  • danu2007
    10-09 09:11 PM
    Please go to below thread and update the list with your details.


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  • Lasantha
    10-06 07:48 AM
    same here,

    we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!

    anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..


    That's what I'm talking about ! :cool:


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  • stemcell
    06-25 02:40 PM
    why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting

    hey yabadaba

    I am coming to atlanta on july 3.
    Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.

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  • pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude


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  • bobby
    04-03 11:09 AM
    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW

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  • p_kumar
    01-27 03:40 PM
    The last time i talked to iio, she said they are processing I485s received in Apr, 2007 and they will start mine in 2 or 3 months.(mine was received on july 24th and pd is eb3 oct 2003). she said, they will process the applications even if the pd is not current but only approve if the pd is current.


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  • amitpan007
    06-09 12:26 PM
    You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.

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  • deecha
    06-17 12:49 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..


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  • nabs501
    07-27 04:31 PM
    Did you put in your A# OR THE Petition Number 3 in that form. Please respond.

    I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
    My point is, it's OK if you don't put in your A#.
    But it would help if you put the receipt #.
    They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
    Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.

    Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
    Dont forget to get the form notarized.

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  • sundarpn
    07-19 11:10 PM
    have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.

    I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!

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  • singhsa3
    10-22 09:05 AM
    But I've got two A#s and so as my spouse...
    I do not think so, even though you have two application , there will be only 1 A# for each applicant.

    We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.

    We did not apply for EAD and AP, through my wife. I applied from my side for both of us.

    02-25 02:34 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.

    03-11 03:03 PM
    Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!

    Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

    1. Can "A" work for his wife and also get paid in check?
    2. Can "A" have a second job in his wife's company and retain his original job?
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    7. Can "A" work as volunteer in his wife's company?
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

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