vinay076
10-31 10:27 AM
Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:
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jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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bestofall
07-28 04:28 PM
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To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
New procedures:
To ensure your participation, we encourage you to RSVP 48 hours before the call.
Please send us your questions and issues related to the teleconference topics ahead of the call.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
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crazyghoda
02-23 06:36 PM
Its really bad out there.... take it from someone who was just laid off. It took me around 2 months to get a new job and that too at a lower salary and in a neighboring city where I am now faced with a 2 hour commute each way. So no, its definitely not as rosy as you think.
That being said, if you are good at what you do you will find a job. It may take a while but if you are truly good then you will be ok. I completely understand the need to maintain salary levels to ensure career progression. That was the main reason I left my original GC sponsoring employer who while being great with everything else, just wasnt a good enough paymaster and that led folks to believe I wasnt really that good when I would mention the work I was doing. In hindsight, I wouldnt have had to scramble like this if I had stuck it out at my old place. But c'est la vie.
As some folks mentioned, try and get a feel of the market. Attend as many face to face interviews as you can and refine yourself as you go along. And dont accept anything in haste. A good thing is that a lot of recruiters told me that when the market gets better all the folks who were forced to take paycuts will easily be able to justify the lower salaries they were forced into accepting at that time. So, even if you do have to take a paycut, it wont hurt you for long as long as you change jobs when the market gets better.
Good luck!
That being said, if you are good at what you do you will find a job. It may take a while but if you are truly good then you will be ok. I completely understand the need to maintain salary levels to ensure career progression. That was the main reason I left my original GC sponsoring employer who while being great with everything else, just wasnt a good enough paymaster and that led folks to believe I wasnt really that good when I would mention the work I was doing. In hindsight, I wouldnt have had to scramble like this if I had stuck it out at my old place. But c'est la vie.
As some folks mentioned, try and get a feel of the market. Attend as many face to face interviews as you can and refine yourself as you go along. And dont accept anything in haste. A good thing is that a lot of recruiters told me that when the market gets better all the folks who were forced to take paycuts will easily be able to justify the lower salaries they were forced into accepting at that time. So, even if you do have to take a paycut, it wont hurt you for long as long as you change jobs when the market gets better.
Good luck!
abracadabra102
08-10 05:51 PM
Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member
I second that
I second that
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Templarian
11-11 12:48 PM
Where are the winners posted? It's already 11th !
Remember the time zones. The contested only ended 7 hours ago (think I did that math right).
Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.
Remember the time zones. The contested only ended 7 hours ago (think I did that math right).
Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.
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cfan666666
06-27 03:23 PM
I will send my I-485, I-131 and I-765 to this address:
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
IMMIGRATION & NATURALIZATION SERVICE
TEXAS SERVICE CENTER
PO BOX 851488 - DEPT A
MESQUITE TX 75185-1488
It's the address on my I-140 approval notice. Have called USCIS, the answer said you can send you I-485 to the address on you I-140 approval notice.
Good luck
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loudoggs
07-31 06:51 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
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Munna Bhai
08-30 07:53 AM
copy of first and last paystubs of all employers?
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
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Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
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sunofeast_gc
11-07 02:17 AM
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...
any authentic document on AC21 releated to job change and promotion?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...
any authentic document on AC21 releated to job change and promotion?
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Raksha
12-11 06:26 PM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
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desi3933
08-13 11:55 AM
If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.
Incorrect.
Please refer to this link -- Renunciation of U.S. Citizenship (http://travel.state.gov/law/citizenship/citizenship_776.html)
another link Loss of nationality by native-born or naturalized citizen (http://www.law.cornell.edu/uscode/8/1481.html)
Incorrect.
Please refer to this link -- Renunciation of U.S. Citizenship (http://travel.state.gov/law/citizenship/citizenship_776.html)
another link Loss of nationality by native-born or naturalized citizen (http://www.law.cornell.edu/uscode/8/1481.html)
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Pagal
09-16 03:43 PM
Hello,
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...
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dvnagesh
12-05 05:01 PM
Congratulations !! Thanks for sharing the info on the forum and for offering your help...
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Sideliner
07-17 07:33 AM
Hello freinds :
I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.
Good luck.
I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.
Good luck.
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meridiani.planum
06-17 09:38 PM
Thanks to every one for considering my message and answering to the questions.
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
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smuggymba
09-14 02:38 PM
Is there a way to find all "active" members? If we're in the range 5000, then 10 per month for every user is good.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.
ilwaiting
09-27 11:26 AM
Unless one were being paid a EB2 salary back then but employer filed you in EB3.
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
ajp5
05-05 10:15 AM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.
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