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  • aroranuj
    04-09 04:16 PM
    Can anyone whose I-140 has been denied the 1st time shed some light on their experience too?

    Thanks.




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  • pappu
    05-18 02:42 PM
    http://www.employment-familysponsoredimmigration.com/practice.html

    ask for paul herzog.

    This firm is expensive but good.




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  • bombay707
    11-16 08:10 AM
    Folks,

    Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.

    -Mehmood



    I think it is 2 weeks. Also confirm the same with the lawyer.




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  • Blog Feeds
    04-26 11:30 AM
    The Dallas suburb of Farmers Branch has been in the news for a couple of years now because of its efforts to run undocumented immigrants out of the city. The city leaders have attempted to do this by passing ordinances making it illegal to rent apartments or houses to such immigrants.

    Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.

    The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.

    The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.

    For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.

    I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.









    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)



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  • grupak
    11-15 01:29 PM
    North Carolinians join us. Lets work together.

    We had our first meeting, there are plans to meet local lawmakers. We need member participation.




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  • jackhardy
    02-09 09:32 AM
    The next set of people who decide to write to the President should send him flowers as well. Also there is a DC based org called SAALT who wants to hear our stories + struggles and working to effect policy change on a national level.

    Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)

    Lets participate in this too.



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  • eucalyptus.mp
    02-17 08:59 PM
    I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?




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  • yabayaba
    01-14 02:58 PM
    HI,

    My EB2 perm labor was approved recently and thinking of filing I 140.
    Trying to port my EB3 PD, 09/23/2003 to EB2.

    I missed filing I 1485 for my wife in july 2007.

    My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?

    What happens if they approve my I 485 before I file my wife's 485.

    How long it took for you to get the labor aproved?. What are steps and duration it took?



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  • reddy2cool
    09-12 12:58 PM
    bump..guys plz do reply




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  • vikram2101
    03-29 06:27 PM
    Hi,

    we are take a cruise to Alaska this summer, on our way back the ship docks in Victoria, British Columbia for a day.

    I am currently on AP, which I plan to use for re-entry into the US. Haven't renewed my H1 visa.

    I understand that I need to apply for a Canadian Visitor's Visa.

    there are a list of documents that I need to send to the consulate, including my passport and US Visa documents (ofcourse). Since my H1 visa is no longer valid, I was wondering if I need to send my AP document (or would a copy be sufficient)?? Do i need to prepare a separate application with supporting documents for my wife, or can I just include her in my application?

    All this seems like to much of a hassle :mad:, considering that it's just a few hours in Canada itself, not to mention it's going to put me back by a couple of hundred $$ atleast.

    Thanks in advance.



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  • mrdelhiite
    07-01 04:06 PM
    Thanks a lot guys .

    -M




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  • chacha
    03-21 11:21 AM
    Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)



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  • Since1997
    09-28 04:18 PM
    ..........




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  • rockstart
    09-19 12:35 PM
    I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.



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  • houston2005
    08-08 02:11 PM
    I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.

    Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.

    If this question has been answered earlier, can someone point to the right source.

    Thanks in advance.




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  • chna
    06-30 11:46 AM
    Hi Friends,
    I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
    Any thoughts or advice on this? Appreciate all the help.
    Thanks a lot.



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  • Jeff Wheeler
    04-09 08:04 PM
    Great job both of you, and glad I could offer inspiration. :D




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  • xtronics
    03-19 10:50 AM
    Thank you so much jangolouis
    What visa did you apply for H4 or H1?
    Also did you call Dept. of state before you got your visa?
    Please let me know when you get a chance. Thank you so much again




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  • Life2Live
    12-19 04:55 PM
    I do have house here and I am 6th year of H1B, I did appeal on my I-140. If that gets denied I have no option than going back. In that case I have to sell my house or file bankruptcy foreclosure +++.




    vban2007
    10-24 03:45 PM
    Please reply




    satyasaich
    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)


    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.



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  • Ruta
    08-18 03:08 PM
    Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!

    And NSC -> TSC transfer dates, god knows how long the wait is




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  • mrsr
    06-22 10:05 PM
    what if I140 has salary in per hourly, what we should we put there.




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  • gc_check
    06-24 06:44 PM
    If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.

    You can apply for I-485, Even if I-140 is pending. Talk to your employer and use this opporturnity to get I-485 filed asap.




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  • cooolvick
    06-19 03:18 PM
    Hi all,

    This is for my friend who got his 3 year H1- B extension recently.
    He planned to visit India for stamping and already booked the air ticket + consulate appointment.

    But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
    Though the END date is correct, Is it going to cause any problem in his Visa stamping?
    He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.

    His lawyer says it is a very minor problem and will not affect the visa stamping.

    Please share any similar experiences / ideas.

    Thanks a lot



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  • reddymjm
    04-08 11:46 AM
    As I said before the CAP will not reach for a month or two.




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  • bkarnik
    11-07 11:57 AM
    Any members in Iowa, please post here.



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  • same_old_guy
    10-27 05:32 PM
    That's not completely true. There are improvements in UCIS processing. If you check H1 or I-140 processing time 2 years back , it was much worse then. I dont think USCIS processing time is a problem for us right now. Of course it would be nice to have faster service for H1 and I-140 or 485.




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  • king37
    07-23 12:00 PM
    Hi can someone advise me what is the best way and steps (forms and other supporting documents) to extend the stay for my mother in law beyond the 6 months as given on her entry under 10 year visitor visa for few more months (3-4 months) please. We have a religious ceremony so that she can stay beyond the 6 months and attend. One of the lawyers told me that beyond 6 month as given during her entry is not possible which I doubt it. Pl advise/share your experiences from those of you have gone through this process recently.



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  • aksaharan
    09-24 03:46 PM
    No More Visa Numbers Until October 1, 2010 - Department of State
    The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.

    Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)




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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??



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  • Ann Ruben
    03-29 02:36 PM
    In some similar cases, filing a petition for mandamus in federal court has been effective. HOWEVER, this strategy is not without risk, and you should consult with an immigration attorney with specific experience dealing with 212(a)(3)(B) "hold" cases before proceeding.




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  • dan19
    09-07 11:44 PM
    thx 4 ur replies



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  • deecha
    11-25 03:58 PM
    Basically, I think your labor can be re-appealed but it is a waste of time. It's better to work with your lawyer and get the job duties tick and tied with the paper filing. Nowadays there are lots of audit in the PERM system.




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  • h1techSlave
    04-25 08:34 AM
    That is pretty much his strategy for almost every thing. Just talk talk talk talk..



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  • thomachan72
    11-03 02:28 PM
    My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

    Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

    They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.




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  • pou-pou
    04-18 11:50 PM
    Aww. That first one is a pearl, but that price wrecks it :S

    How about some neat pixelfont and just some tiny mark on bottom right or upper left corner. Something that doesn't break that atmosphere. :love:



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  • sagittarian
    08-30 10:02 AM
    My current reporting structure with my employer is:
    Client -> Prime Vendor -> Consultant X -> My employer

    Another consultant is ready to transfer my visa and the reporting structure there is

    Client -> Prime Vendor -> My employer

    A prime vendor (not the same client) is also ready to transfer my visa

    Client -> My employer


    I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

    Is there a way I can ask an attorney directly (I am willing to pay for that service)




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  • PHANI_TAVVALA
    12-15 07:31 AM
    You should be good if the University (UNVA?) is currently unaccredited and has a future chance of accreditation. USCIS might be more lenient for a SEVIS registered school and approved to operate in the state by the respective state education board. Consult an attorney for legal advise.




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  • DSLStart
    05-23 02:50 PM
    What You Told Us About Immigration Reform | The White House (http://www.whitehouse.gov/blog/2011/05/23/what-you-told-us-about-immigration-reform)




    Administrator2
    11-09 10:16 AM
    That is may not correct. Stuart Anderson was never a lobbist. But he did play a key role in AC21 law. Back then Stuart was Legislative Director for Sen. Abraham (R-MI). Stuart worked with key staffers across the aisle to recapture and pass other favorable provisions in AC21. In that sense, Stuart always had a front row seat to witness things unfold in front of him. This is what makes his book so unique.

    According to the website, Stuart is Adjunct Scholar at CATO institute and he is executive director of another policy institute called NFAP.




    ecgoon
    05-27 11:01 AM
    Hey, just be confident.. not all people get a chance to go in a place and apply for a job.. besides, if you have all the qualities of an applicant, there is no reason to be shy, rather tell your interviewer on what you can do to be an asset and help the company grows more.:D



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  • rampaadh@hotmail.com
    04-25 07:34 PM
    Thanks a lot for the quick reply!




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  • jayleno
    11-25 11:58 AM
    As far as I know since you have already been counted towards the cap once because of H1b approval for Company A(nonymous), you can get another non excempt H1b again in the next 6 years.
    Dont you feel that you may be abusing the H1b by doing this? Anyways, like its always suggested, talk to an attorney.

    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer…???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this…????

    Thanks in advance...




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  • sbmallik
    12-27 03:10 PM
    I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.




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  • vjuneja
    08-10 11:01 AM
    I worked for company A as a full time employee from May 21st,07 to July 11th,08 and then company B filled my H1B transfer on June06th,08 and I joined company B on June 17th, 08 as a full time employee.

    So there is a overlap, I mean I worked for company A and Company B as a Full time employee from June 17th,08 - July 11th,08 and got full time salary from both of these companies.

    1. So will it be a issue, if companyB or some other company sponsers me a Green card in future?

    2. Can I use the experience letter issued by the CompanyA for Green Card purposes? If not then shall I mention to my attorney/Company who will sponser me Green card that I worked for companyA till June 16th,08 and there is no overlap.

    Experts Please Advise



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  • anilsal
    01-14 12:10 PM
    Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.

    Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.




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  • nhfirefighter13
    April 18th, 2005, 03:57 PM
    Thanks for the opinions, guys. Maybe I can try taking shots of the dining room after I finish painting it. It's at least more colorful than the stump.:D

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  • ascetic
    05-03 05:53 AM
    What about the Spidy ?

    Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)




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  • sushilup
    12-09 04:55 PM
    Thanx nk2

    There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.



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  • immigrationmatters30
    10-04 01:24 AM
    Would this apply even if one did not file I485 or is I485 required to be filed for H1B extention? Also what if, say, company A files bankrupcy or H1B holder from the company is laid off after I140 is approved AND I485 not applied.

    I am asking because I missed the boat last year




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  • rvr_jcop
    04-29 01:26 PM
    Hello,

    I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?

    From the Oh-law website:

    Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.



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  • bathuzp
    12-05 04:18 PM
    Hi everyone,

    I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.

    Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.

    Thank you all in advance,
    Bathuzp




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  • vfx
    07-09 11:52 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?



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  • wandmaker
    09-10 05:24 PM
    Hello gurus,
    I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.

    Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.

    Regards
    Natan

    AFAIK, it is a NO




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  • HalfDog
    07-25 12:12 PM
    ah, found it. http://vector.tutsplus.com/articles/theory/six-things-i-think-about-when-im-mutating-a-rabbit/

    inspiration is one thing...visual plagiarism is another.



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  • dealsnet
    05-28 09:38 AM
    1. Send all AOS forms and proof of pregnancy from the doctor. They will issue RFE or you can send medical after the delivery. Don't take risk while on pregnancy. RFE reply will get 30-45 days time.
    2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.




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  • ssharma
    06-30 06:49 PM
    Maybe the server is not able to parse URL encoding chars.

    Doc link: http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    Else:
    Go to Main Memo page:http://www.michaelpiston.net/p_memos.html
    Click On : LEAVING YOUR EMPLOYER AFTER OBTAINING PERMANENT RESIDENCE [pdf]



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  • pt326bc
    09-30 07:19 AM
    With GC process bound to take long, staying at the same place to avoid changing address may be a big challenge.
    Has anybody considered using PO box for address on I-485? My lawyer did not allow me to use PO box during July 2 filing.
    Will it be possible to go online and change to PO box address for I-485?
    Does INS has any issues in sending GC to po box address?

    I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
    This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
    I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
    Anything different coming from your lawyer would be welcome.
    Regards.




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  • nfinity
    08-08 02:24 PM
    They will be able to provide you an emergency AP. This has happened in the past. If you can prove the emergency, you can get AP in a few hours.




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  • sanju_dba
    09-20 03:24 PM
    increase collision deductible and keep comprehensive in case of break ins etc
    Break ins will hit Comprehensive not collision.




    pibeeneri
    12-20 12:03 PM
    Dec. 06 expired a lettler that USCIS send to my employer but we never received the lettler, it was a wrong information for the address my boss was talking with an officer of USCIS and she reported electronically to Nebraska about this problem, we send just in case last Friday again all the documents with the I-140 we don't know what evidence they need, but the thing is that we have to wait ; we don't have a lawyer everything was fine the only problem was that we never received a letter about the I-140 because the address omit the suite number do you think that no matter what we have to find a lawyer ...or just wait... the adjusment was submit in May 2006.




    bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.