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viper673

06-24 02:55 PM

A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

I can't find the document, but he swears that he read it..

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santa123

06-22 11:02 AM

Thanks Surabhi

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yestogc

05-04 08:48 PM

YES return flight for whole family is employers responsibility ................. of course not by business class.

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TheCanadian

04-16 10:49 AM

Means you two have and 86% chance of makin' bacon.

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sabgau

03-14 03:10 PM

Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.


thanks

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chanduv23

09-12 02:42 PM

MANDARIN
CANTONESE

SHANGHAI
BEIJING

LETS MOVE THE GREAT WALL OF CHINA TO WASHINGTON DC

LETS ALL GO TO THE RALLY IN DC ON 18TH

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plassey

08-14 03:24 PM

How would you do that? You need a company to sponsor you.:confused:
Hi All,

I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.

PEACE

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Munshi75

12-26 12:38 PM

Does the bill have provisions to increase residency positions ? I heard few months back about hard lobbying to increase the match positions by 15000 to accomodate new patients because of the mandate. Any idea?

Thanks
A

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awi_ok

02-19 09:19 AM

Hello,

The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.

Hope this helps.

Thank you so much for the response.

T.

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vasudev19

04-09 06:34 PM

Thanks for the reply..I have one question ,can I sponsor my in-laws visa in such situation ?

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gk_2000

05-23 03:27 PM

Just more blah, blah, blah.. BTW who is Doraikumar? Is he from IV? He has been quoted here..

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baleraosreedhar

02-06 12:08 PM

Hi All,

I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.

New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.

I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?

As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?

When can we expect EB2 PD of Jan 2005 to be current.

I would appreciate your responses.

Thanks
Sreedhar

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pal351

03-10 04:01 PM

Hi All,

I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.

Yes, It took about week to update and show up online status.. don't worry!

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nid

06-13 10:15 AM

Thanks!

What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?

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vinabath

04-02 01:46 PM

No. My file was picked in Feb 1st week.

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Blog Feeds

05-05 06:50 AM

This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."

Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.

In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.

According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.

Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)




More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)

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buehler

03-25 11:10 AM

Hi,

My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

Thanks

Please update your profile.

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Sooner2

04-10 12:09 PM

Yes, if it's the same company - I think your employer just needs to file an amendment. I would suggest you consult with your employer's lawyer to see if an amended petition is even required in your case.

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Anders �stberg

April 8th, 2004, 04:12 AM

Thanks for the suggestions Fred! I applied a bit more sharpening to the head, I think it's not so OOF looking now. I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.

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piperwarrior

07-17 11:16 PM

I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.

I got myself in somewhat of a mess here and wondering if there is any solution?

I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.

She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.

Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?

Thanks.

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mpadapa

09-25 09:52 AM

I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..

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tnite

01-03 10:31 AM

I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

Thanks

Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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ras

04-12 07:27 PM

I don't remember the amount of fees submitted while filing I 485. However the filing was done after the July fiasco (Aug 2007). so whatever rates were applicable after Jul 2007 that must have been the fees that has been sent.

So in that scenario, is it just okay to send the AP application with out Fees?

How are you July Filers applying for AP? Are you sending in the check for the AP fees too?

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tabletpc

12-22 03:20 PM

Can others give their inputs too....thanks...!!!

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tampacoolie

06-27 06:51 PM

I completed my medicals on 06/25/07. I am getting my I-693 from doctor tomorrow.

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gctoolong

12-06 08:20 AM

How do you know that name check and background were completed in October? Did you call USCIS?

i called tsc...talked to an iio...talked to two different ones to confirm and we have an infopass for tomorrow...hopefully they say the same..

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Dhundhun

02-19 11:25 PM

F1 means International Student and so you are not California Resident for tuition purpose (UCs, CSUs and any state funded institution e.g. community colleges follow this practice).

Private institutions don't care, usually fee is same.

For taxation purpose, you are resident of CA and will be paying taxes on earnings.

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iamgsprabhu

02-22 07:54 PM

What time ? (PST)

thanks

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neeidd

07-19 12:41 AM

Hi Friends,

I just want to say, I just contributed $100 (Confirmation Number: 2XJ23352J19006734) and this is my first contribution ever and have done it just for IV. And am very proud about this.

I came to know about IV, 2 weeks ago when I heard of the flower campaign from my friend . We are very fortunate to have IV with us and thousands of users in IV helping each other.

I am sure with out IV initiative , it would have been very hard to achieve what we got now. Thousands of people benefited as per yesterdays USCIS bulletin and thousands of people visiting IV every day for help. So please, lets show our gratitude to IV by contributing either one time payment or recurring. If atleast who ever benefited by July 17th bulletin contributes to IV, we can easily make $100k in July.

Lets celebrate our success by contrubuting to IV and making July2007 as the highest contributed month in IV history.

If I can do it, you can do it .

Thanks

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ps57002

09-25 05:54 AM

Please join us everyone in tri state area. as said, it's "no obligation". you have nothing to loose. See what it's all about...

http://groups.yahoo.com/group/immigrationvoiceny/

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Jubba

04-06 05:26 PM

well ones a fax and the other is a California area code telephone number...

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GCHPLC

10-19 12:45 PM

Initially we applied for Labor in July 2001. Waited for 3.5 years to get approval. USCIS processed applications recieved in April 2001 for more than three years!! In January 2005 we finally got our Labor certification. In April 2005 we applied for I-140 and I-485 at the same time. I-140 was approved on July 2005. I-485 still pending due to the name check not complieted for primary applicant.
The same question over and over again, for how long will we wait more?

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eyeswe

05-15 12:49 PM

Thanks for the quick reply. Did you have a permanent US address though as you shuttled between Toronto and US?

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desi3933

07-13 07:43 AM

Would going to Canada and re-entering without going for visa stamping count as lawful entry??

Or one has to go and get the visa stamped to qualify as lawful entry??

Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??

Thanks.

You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

Yes, it resets out of status clock.



___________________________
Not a legal advice.

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IQAndreas

03-05 01:36 PM

Next we need a competition to pick out all the hidden words! ;)

Just by glancing, I already have "borders", "luck", "needs", "haha", and "winner" (trying some sort of psycological hidden-text-influences-mind on that last one, eh?)

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mohican

05-16 11:07 AM

As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.

If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?

If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?

Thoughts/Comments--from AC21 league members.

Thanks
Mohican

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maco

07-31 04:10 PM

Receipt Number: lin0720551216

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and pending.

On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


i saw this in one of the other forums

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wheyprotein

05-25 10:06 AM

Hi.

I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.

My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.

I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.

Thanks!!

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rolrblade

08-20 10:16 AM

I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney

This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.

As long as you use your H1B to travel, you are fine.

Have a good trip

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SpookyH1Alien

10-26 12:28 PM

That clears it. Thanks for all your help!!

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03-10 11:52 AM

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venepally_v

11-01 11:42 AM

I would like to attend this meeting. Could you please let me know the location.

Thanks,

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sbmallik

05-25 05:22 PM

If your MIL is not in the US, you cannot technically extend the visa.

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jamesingham

08-23 11:02 AM

My employer filed I-140 application for me this month. I will have to move to a different house next month. Will this have any impact to 140 processing ?

Do I have to inform USCIS ?

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WithoutGCAmigo

07-12 11:46 AM

Will they hold the application in TX Srv Center and not release it till the lawsuit is completed? Will it prevent people from re-applying if their PDs become Current in Oct? Any ideas?

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imconfused

05-25 11:02 AM

SRC.... so is it TSC ? considering its starts with SRC?

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jamesingham

06-12 04:27 PM

Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)

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roseball

07-22 12:03 PM

Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension

I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.

So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed

Please reply

Thanks
Abbey


Having I-140 approved only makes you eligible for a 3 yr extension, provided you submit all the documents required in normal H1 process. So, you still have to go through the same process.

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jonty_11

06-19 12:32 PM

link please?

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dreamgc_real

07-02 09:25 AM

Rest all states should pass similiar law............

Is it for the strategy of getting all our members to take this law seriously when they are stopped by the cops and asked for papers? Unless something personally affects our members we are content in letting things happen around us........so if such laws were passed in many other states, it would definitely jolt us to action!!!!!!

Good thinking Nagamani!

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anilsal

07-17 11:42 PM

Alright all,

Celebrating the good news here.

Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.

An answer will magically appear after you have contributed to the IV cause.

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rvr_jcop

04-29 01:42 PM

I think it means , can enter country with H1B visa stamped before entering, if Advance parole is not there

What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?

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Karthikthiru

06-19 03:19 PM

Hi,
I am also in the same scenario. Filing I-140 and I-485 concurrently. My company's immigration attorney said that while filing for I-140 and I-485 concurrently, we can have the I-140 done in premium processing. And that is how they are filing for me now


Karthik

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ameryki

02-19 10:36 PM

I am planning to get my H1 stamped during my next trip to India and have a couple of questions

1) Have anyone used Yourmaninindia or Sahara Care or any other service to deposit H1 forms at VFS Mumbai. For Mumbai consulate, the forms need to be submitted 3 days prior to Visa Interview and they do not accept courier :mad:

2) I recently found that if you have an appointment at one of the consulates in Mexico, you can Fax the 797 and get PMIS verified in advance.
Do we need to submit the entire H1 fee for appointment ? If there is a cheaper way, I am thinking of taking an appointment , get PMIS verified and cancel the appointment.

3) Any idea if they do a PMIS verification for H1 extensions (same company) as well ?

I am hoping this helps. My H1 renewal 7th year came through in December effective January 10 2010. I was at the Mumbai consulate interviewing for H1 visa on January 21st and received my passport in hand in 3 business days.

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terah14

10-27 12:35 AM

Background checking process is very risky and a tedious job. The time depends on the intensity of the report of the background check is desired to be. It may take from minutes to days, months or years.

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NolaIndian32

04-23 12:17 PM

Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.

You can immigrate base dupon family sponsorship, employment or just the point system without employment.

I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.

Best of Luck

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jsb

11-02 11:17 AM

Dear Friends,

Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?

My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.

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GCKaIntezar

01-03 08:46 AM

Hi Pappu,
Please PM me your email id and I'll send that to you today.


could someone send a scanned copy of this artcle by email so that it can be posted?

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11-15 11:27 AM

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03-29 03:29 PM

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sk2006

03-28 08:35 PM

I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.

1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.

2) How much time does it take if i apply for change of status for F1?

3)can i take cpt in F1 and later on can i change to H1 by applying change of status?

Update your profile before getting answers.

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05-01 09:46 AM

I don't think rally is a the better way to put forward our issues. I would prefer to do this using media interviews that what we are doing.

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Kodi

05-28 11:55 AM

I have the same question. What is the process of renewing once its already expired? Should a new application be submit? Can we do it on our own without going through a lawyer?

Thank you

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