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  • meridiani.planum
    08-11 11:41 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.

    of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
    DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.

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  • pragir
    12-11 01:57 PM
    Mohit, when you invoke AC21 your job profile needs to be same as that listed on the job description on your LC. As long as your new company is willing to declare that your new job profile matches the one on your LC, you should be ok.

    I am not a lawyer, please consult one.

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  • surabhi
    10-17 12:28 PM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?

    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.

    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21

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  • rajusk
    04-16 12:18 PM
    PM me...and I can help out


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  • gotgc?
    09-16 10:44 PM
    I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.

    Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...

    Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?

    Would Infopass or calling USCIS Customer service center help?

    Please let me know if you know of any other options?

    Thanks again...

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  • akred
    07-25 02:40 AM
    Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.


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  • uma77
    10-17 03:04 PM

    excuse my ignorance, where (link to the website) can i look up these codes? Thank you in advance.

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  • nit_sea
    01-04 01:14 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?


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  • trueguy
    08-09 02:49 PM
    Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.

    Point taken....:)

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  • a_yaja
    04-02 03:18 PM
    If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
    I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.

    Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?


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  • pcs
    07-30 04:11 PM
    I like many others got a PERM labor & got 140 based on PERM labor.

    Recenty , I applied 485 (based on this 140 )in this mad rush

    Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .

    The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????

    I am sure many of us double PDs & might need to find an answer to this ?

    can someone help ??


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  • neverbefore
    05-12 01:53 AM

    Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story ( are becoming more the norm rather than the exception. Any ideas?

    Should then one consider using their AP instead?




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  • cbpds
    09-15 02:07 PM
    he is enjoying two types of freedom now :P

    Enjoy the freedom!

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  • gultie2k
    07-06 02:08 PM
    Is is possible to file for a new H1 once you start using EAD/pending 485? My lawyer says there might be a problem...awaiting more details.


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  • reddy2cool
    08-21 08:19 PM
    My suggestion is unless its giving u a great improvement(atleast 30-40% diff total compensation wise) over the current job and your current employer is not even acceptably reasonable Pl stick with your current employer since you waited so long why do u want to trash it now?your much needed freedom will come eventually(according to vdlrao and many other senior members
    eb2 will move at great pace through out next year)and you are close to it than ever.

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  • minimalist
    10-08 02:50 PM
    Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?

    Yes I did.


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  • mermaid2084
    11-21 05:51 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

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  • qualified_trash
    12-15 12:26 PM
    Could you elaborate ? Did you mean I'll eventually get a 3 year extension after I run out of 6 year term (assuming the new company files perm and the retrogression is still there then..) OR did you mean I can get 3 years right now ?
    yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)

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  • Eveready
    07-11 05:25 PM
    Thanks syed your post has been a great help.:)

    05-08 01:47 PM
    Thank you

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    09-23 01:47 PM
    tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.

    Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

    Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.

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