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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.




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  • logiclife
    07-17 10:42 AM
    Those of you who dont know, Randall Emery is a good friend of Immigration Voice.

    Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.

    Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.

    Everyone:

    Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.




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  • StuckInTheMuck
    08-06 10:29 AM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)




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  • nogc_noproblem
    08-22 02:52 PM
    Satan was complaining bitterly to God, "You made the world so that it was not fair, and you made it so that most people would have to struggle every day, fight against their innate wishes and desires, and deal with all sorts of losses, grief, disasters, and catastrophes. Yet people worship and adore you. People fight, get arrested, and cheat each other, and I get blamed, even when it is not my fault. Sure, I'm evil, but give me a break. Can't you do something to make them stop blaming me?"

    And so God created lawyers.



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  • desi3933
    07-11 10:57 AM
    Yes H1B is NOT Stamped yet.

    You can try getting visa from Canada/Mexico, but if visa is denied one has to fly home country to get visa from. You can not re-enter US if visa is denied in Canada/Mexico.

    Do you have degree from US? In that case, it may be helpful.


    ________________________
    Not a legal advice.




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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.



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  • kumarc123
    09-26 09:20 AM
    Hello there,
    I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.

    But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.

    Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
    Thanks




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  • nogc_noproblem
    08-05 01:59 PM
    We've been trying to save money because the mortgage payments ...

    ... were pretty tough to work with. I don't reckon I drink too much beer, maybe a carton on weekends with the boys, but she told me we couldn't afford beer anymore. Well, it was tough, but I quit.

    Then the credit card statement came in, with $150 spent on cosmetics. So I asked how come I had to give up stuff but she didn't. She said she needed the make-up to look pretty for me.

    I told her that was what the beer was for.

    I don't think she's coming back.



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  • Macaca
    02-24 08:17 AM
    Some paras from Democrats Offer Up Chairmen For Donors (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/23/AR2007022301978.html), By Jeffrey H. Birnbaum and John Solomon (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum++and+john+solomon/), Washington Post Staff Writers, Saturday, February 24, 2007

    Eager to shore up their fragile House and Senate majorities, congressional Democrats have enlisted their committee chairmen in an early blitz to bring millions of dollars into the party's coffers, culminating in a late-March event featuring House Speaker Nancy Pelosi and 10 of the powerful panel chairs.

    In the next 10 days alone, Democratic fundraisers will feature the chairmen of the House's financial services panel and the House and Senate tax-writing committees. Senate Democrats also plan a fundraising reception during a major gathering of Native Americans in the capital Tuesday evening, an event hosted by lobbyists and the political action committee for tribal casinos, including those Jack Abramoff was paid to represent.

    The Democrats' push will culminate late next month when Pelosi and 10 of her chairmen huddle with donors at the Northern Virginia home of shopping-center developer Albert J. Dwoskin for an event to benefit the Democratic Congressional Campaign Committee.

    The asking price for the March 21 dinner is $28,500 per couple, making it one of the Democratic Congressional Campaign Committee's highest-dollar fundraisers since new campaign finance limits were enacted in 2002.

    In addition to Pelosi and Frank, other senior House Democrats slated to attend include John D. Dingell (Mich.) of the Energy and Commerce Committee, David R. Obey (Wis.) of the Appropriations Committee, Ike Skelton (Mo.) of the Armed Services Committee, John Conyers Jr. (Mich.) of the Judiciary Committee, George Miller (Calif.) of the Education and Labor Committee, and James L. Oberstar (Minn.) of the Transportation and Infrastructure Committee.

    The tactics are hardly new. Republicans aggressively used their committee chairmen -- and the promise of access to them -- to raise money from interest groups and lobbyists during the party's 12 years of congressional control. They tracked donations closely and pressed lobbying firms to hire GOP lobbyists through the "K Street Project," promising "intimate" issue briefings with the chairmen in return for big donations.

    And the GOP is hardly sitting on the sidelines this year. Republicans are also using their top lawmakers on committees to haul in donations. Rep. John L. Mica (Fla.), the ranking Republican on Transportation and Infrastructure, is scheduled to headline a "transportation luncheon" fundraiser in coming days for fellow House Republican Jerry Moran (Kan.).




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  • unseenguy
    06-24 08:31 PM
    I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).

    Perfect. I agree. Infact I forced my landlord to have a clause that I could break the lease if I lost my job for 1 month additional rent, :)

    Also the apartment companies send your way lot of extras such as: garbage, water, in some cases parking, storage etc. I only pay electricity and everything else is free for me :)



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  • rockstart
    07-14 08:29 PM
    I agree, does anybody have a link to the policy of how spill over of visa numbers works?

    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?




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  • sk2006
    06-05 03:09 PM
    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.


    All your logic works in healthy (Not Bubble) housing market when rents are comparable to mortgage.

    In bubble times rents were much lower. Infact in my area for a comparable unit mortgage(30year fixed) was about 4 times the rent. So how would that pay somebody's mortgage?
    (Dont tell me owning on ARMs with teaser rates)

    Rent would not even cover the monthly payment, forget property tax(appx 2%) and maintenance.



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  • gcdreamer05
    08-05 05:04 PM
    A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.

    Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"

    ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p




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  • Macaca
    12-28 07:00 PM
    N.B.A. in India, in Search of Fans and Players (http://www.nytimes.com/2010/12/28/sports/basketball/28india.html) By JEREMY KAHN | New York Times

    The success of N.B.A. Commissioner David Stern�s 25-year crusade to globalize basketball is often summed up in two words: Yao Ming. After Yao, a 7-foot-6 center from Shanghai, was drafted by the Houston Rockets in 2002, the league attracted hundreds of millions of new fans in China. And though Yao is out for the season with a stress fracture that could end his professional career, the N.B.A.�s international march continues.

    This season, the league will play its first regular-season games in Europe, a two-game matchup in March between the Nets and the Toronto Raptors in London. And having conquered China, the N.B.A. has its sights fixed on Asia�s other big emerging market: India.

    Like China, India has a rapidly expanding middle class with newfound leisure time and disposable income, factors that Heidi Ueberroth, the president of N.B.A. International, says make the country ripe for new forms of entertainment.

    �There is a growing appetite for sports and entertainment and more options in India,� she said.

    In a nation where cricket is an obsession, other sports have struggled to find an audience. Cricket�s popularity has been reinforced by the Indian Premier League, which began in 2008. I.P.L. teams play Twenty20, a faster-paced game that has attracted younger fans and billions of dollars in corporate sponsorship.

    But in part because the I.P.L. has proved that city-based sports franchises can succeed in India, many sports are betting that they will be able to find new fans and corporate backers here.

    �The race is now on to become India�s second-most-popular sport,� said Sunder Aaron, the head of Pix, one of two Indian television channels that earlier this month signed a contract to broadcast live games and other N.B.A. programming.

    The list of international sports knocking on India�s door is a long one: Formula One is scheduled to hold its first race in India in 2011. The European Tour of professional golf has held tournaments here. English Premier League soccer, which has a growing following, held a promotional trophy tour in the country this month. And FIFA, soccer�s world governing body, has opened a marketing campaign to sell official merchandise here. Even Major League Baseball has attempted to recruit pitching talent in India.

    Ueberroth said that basketball�s popularity could grow rapidly in India because of the sport�s relative simplicity and the fact that a court can be created almost anywhere one can hang a hoop. This gives it an advantage over soccer and cricket, which require open fields. Basketball also requires little specialized equipment.

    A core part of the N.B.A.�s expansion strategy in India is increasing grass-roots participation, based on the belief that people who play basketball are also more likely to follow the N.B.A. The league also knows that the more Indians who play basketball, the more likely it is that one day an Indian player will be good enough to make the leap to the N.B.A. � an event that could vastly expand the league�s popularity in the world�s second-most-populous nation.

    The Basketball Federation of India, the sport�s governing body, estimates that 4.5 million Indians play the game. That is a fraction of the country�s 1.2 billion people, but Ueberroth said the N.B.A. suspected the real number was much higher because the federation�s statistics missed players who did not belong to a league.

    To try to accelerate basketball�s growth, the N.B.A. dispatched Troy Justice to India in February to serve as its first director of basketball operations in the country. Justice helps run the N.B.A. Mahindra Challenge, a series of youth leagues and tournaments in five Indian cities.

    Justice said the N.B.A. saw the young players as the vanguard of the N.B.A.�s efforts. The concept, he said, was to give the country�s teenagers more opportunities to play basketball in a formal setting throughout the year.

    �The kids here have the natural ability and the talent, but they are not given the opportunity to develop it,� he said.

    In addition to Justice, the league sent the Orlando Magic�s Dwight Howard and the Los Angeles Lakers� Pau Gasol on short ambassadorial missions to Mumbai and Delhi in the summer. It also sent two coaches to India to train the men�s and women�s national teams ahead of November�s Asian Games in China. It has created an India-specific portion of NBA.com, featuring postings by two Indian bloggers.

    Viewership for the N.B.A. in India has also been rising quickly, but from such a low base that it remains minuscule, said Atul Pande, the chief executive of Ten Sports, which has contracted to broadcast Eastern Conference games. Pande said he thought the audience for a live N.B.A. game would never exceed 200,000 households. The viewership for many I.P.L. cricket matches is in the tens of millions.

    �The problem is timing,� he said.

    Games played in the Eastern United States are broadcast at 5:30 a.m. or 6:30 a.m. in India.

    �It was hard at first to get up and watch the games,� said Karan Madhok, the communications director of India�s federation, who also runs an N.B.A.-related blog called Hoopistani, which is featured on the N.B.A. Web site.

    �I thought I was the only person in the country watching. But as I�ve started blogging about the N.B.A., I�ve been contacted more and more by other fans, and I realize there are a lot more fans who do it.�

    For the N.B.A. to reach critical mass among Indian sports fans, many say, will require what Madhok calls a Yao Ming moment. In other words, India is waiting to see a homegrown star make it in the N.B.A.

    N.B.A. officials dispute this assessment.

    �There are a number of countries where basketball is extremely popular without any players in the league,� Ueberroth said.

    Others note that the ranks of English Premier League soccer fans in India are growing rapidly even though there are no Indians playing in the league.

    Still, the N.B.A. is not turning a blind eye to the search for an Indian Yao. Among Justice�s jobs is scouting talent. And he has found a few prospects. Among the most promising is Satnam Singh Bhamara, 14, a 7-foot-2 player from a rural village in Punjab Province. Justice helped him land a spot at an IMG basketball academy in Bradenton, Fla.

    �He has a bright future,� Justice said. �We don�t know where he�ll end up, but he�s got a lot of natural � for a 14-year-old, 7-footer � a lot of natural basketball instincts.�

    Others point to the potential of two Canadian brothers of Indian descent, 15-year-old Sim and 17-year-old Tanveer Bhullar, who are more than 7 feet. Madhok said that if either made it to the N.B.A., it would inspire Indian fans and players.

    The lack of a native star had not dented enthusiasm for the N.B.A. among the young players who were competing in the Mahindra Challenge tournament here last Saturday. All the players on the Basketball Rocker Jazz, a team from Shalimar Bagh, a middle-class neighborhood in the northern reaches of this sprawling city, said they followed the league closely.

    Their favorite team?

    �The Lakers,� Raghav Mittal, 11, said without hesitation. �Most of the best players are there.�



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  • django.stone
    09-26 07:03 PM
    I agree with 485Mbe4001 and many other folks on this thread that have talked about the results of Obama victory - USA would face socialist policies and personally our GCs could be affected by protectionist agenda. I have never understood why Indians (even 2nd generation) by default support Democrats, when all the values and rational reasons point us towards Republicans. I am libertarian in my views and a staunch supporter of republicans.

    Reasons for Indians to support Democrats -

    1. Generally religion neutral and not influenced by christian right wing
    2. Generally tolerant of people from other cultures rather than being a party of white folks run by white men
    3. Tendency to help human/environment suffering
    4. Afraid of military draft that could recruit our kids

    Reasons for Indians to support Republicans -

    1. Supportive of outsourcing which is one of the many reasons our home country is flourishing these days
    2. Supportive of entrepreneurship, which many if not all Indians plan to pursue at some point in their life time in USA
    3. Lower taxes so you can spend your money rather than have govt spend it for you in things you don't need (such as bear research in Montana for $3MM)
    4. Privatize social security so you can keep you own contributions rather than throw it into the common pool. Let me explain this a bit here. Indians contribute to SS all their life until 65, but never get to enjoy it as rarely we live past 65. Life expectancy of Indian women is around 60 and men is around 55, rarely we live up to 75+ like Caucasians. What happens to the money we contribute to the common pot? It is enjoyed by somebody else, if we had private accounts, you can retire around 55 and enjoy your contribution till you live.
    5. Family values of Indians very much like the value system of middle-america's republican base - religious, hard working, humility, respect for elders, american dream of owning a 3bed-2bath house with a yard, cul-de-sac and basketball etc.
    6. Aligned with Indian govt's views on fighting terrorism
    7. Allow your kid to go to private school of your choice with your tax dollars, rather than force you to send your kid to public school in your area

    Immigration

    Now coming to the issue on hand, overall roughly 60% to 80% of americans do not want any kind of immigration (check wikipedia). That is the unfortunate truth! We should all be lucky to be here due to generally business friendly laws that allows for H1B visas and EB GCs for skilled labor. If left to public, immigration would be banned. Hence, I believe both parties use this as a posturing issue during elections to their favor. khodalmd in the previous thread explained the breakdown of republicans/democrats accurately. Logically speaking, republicans can be convinced about its need to sustain economy and generate taxes as more baby boomers retire, but this logic is these days trumped by mix up with illegals.

    If Obama wins, economy/stock market would tank, more jobs would be outsourced. My fear is that during those times, any kind of immigration law would not pass. If god forbid, layoffs start to roll, then many of us may have to start from scratch, hence I call it perfect storm.




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  • NeverEndingH1
    12-17 04:10 PM
    LOL!

    Since everyone is posting what they want, I guess I can also just post anything here....



    .



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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them




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  • natrajs
    10-01 09:30 AM
    If Obama becomes Prez

    1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
    2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)

    If McCain becomes Prez

    1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
    2)Smaller measures like HR 5882 will have chances to pass through

    This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents




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  • krishna.ahd
    02-13 09:43 AM
    Please use this thread for education on the effect of lobbying on legislation. Thanks.
    First of all, Why We need Lobbying

    Check this out

    http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf

    Steps involved in Lobbying

    http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html




    swarnapuri
    02-21 02:41 PM
    Guys don't click the link or read the article(IT IS FULL OF BS). It will only make his article to move to the most popular article list.




    milind70
    07-10 12:55 AM
    I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.

    Any suggestions

    You can file Form I 102 with USCIS , if it is the mistake of USCIS there is no charge. If I 94 is mutilated,lost or stolen then u have to pay a fee for it.
    I would suggest take an infopass appointment with local USCIS office and talk to a immgration officer he will be able to help you.



    1 comment: