pappu
07-02 10:54 PM
IV Press release
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
wallpaper The Rise of the Sexy Tattoos
hopefulgc
02-14 08:10 PM
thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.
[QUOTE=GCwaitforever;223430]
Yes, I guess so. If the drink raw milk club is a registered orginization.
Disclosure : I am not a lawyer, please check with your legal ......no just save that money for a rainy day
:)
[QUOTE=GCwaitforever;223430]
Yes, I guess so. If the drink raw milk club is a registered orginization.
Disclosure : I am not a lawyer, please check with your legal ......no just save that money for a rainy day
:)
Refugee_New
02-12 12:43 PM
EB2 India is screwed again. My wait continues.................
2011 Do tattoos hurt? No he said.
raysaikat
07-14 12:10 PM
Hi,
I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.
1. If I change into a non-academic job, then can the PD be retained when I refile?
2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?
Thanks for your time.
I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.
1. If I change into a non-academic job, then can the PD be retained when I refile?
2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?
Thanks for your time.
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Circus123
02-12 12:42 PM
September 2001 will be current next month for sure ...
lazycis
02-14 12:58 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
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we_r_d_world
03-27 05:07 PM
Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.
NaMo will certainly CHANGE India for sure in a positive way in all aspects. In my opinion, he has another 10 more years to go before he becomes PM. I have very high hopes for him.
A politically active friend once told me (The quote touched me very much), if NaMo manages to stay alive for another 10-15 years, he will certainly be PM of India and that will be the start of India returning to golden ages.
NaMo will certainly CHANGE India for sure in a positive way in all aspects. In my opinion, he has another 10 more years to go before he becomes PM. I have very high hopes for him.
A politically active friend once told me (The quote touched me very much), if NaMo manages to stay alive for another 10-15 years, he will certainly be PM of India and that will be the start of India returning to golden ages.
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sanju
12-17 09:39 AM
Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".
It will definately help to draw attention to our issues if more people in the community will participate.
.
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villamonte6100
12-14 02:09 PM
Could you please tell us the problem on this law that can be changed to help us.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
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bayarea07
07-21 10:40 PM
Another thing i found out about these amway guys is they lie about
credentials of their upsells and about themselves just to show them as superior and successful in life, i know few friends of mine who though a big failure in the technical job they do (one has been kicked out of the job because he did not knew his work) but he keeps posting patents on free internet sites and writes technical blogs (most of them copied from different internet sites) just to show his downlines how bigshot he is.
Complete wastage of time and money, do it if you want to alienate all your existing friends and family and if you did decide to join , be ready to be brainwashed by the new friends and group that you are going to have by making everybody else beside that group as a loser.
By the Way when they introduce you to their boss ,their boss usually shows you a real check of 8-9K, is it usually a fake check given to them as part of the kit
credentials of their upsells and about themselves just to show them as superior and successful in life, i know few friends of mine who though a big failure in the technical job they do (one has been kicked out of the job because he did not knew his work) but he keeps posting patents on free internet sites and writes technical blogs (most of them copied from different internet sites) just to show his downlines how bigshot he is.
Complete wastage of time and money, do it if you want to alienate all your existing friends and family and if you did decide to join , be ready to be brainwashed by the new friends and group that you are going to have by making everybody else beside that group as a loser.
By the Way when they introduce you to their boss ,their boss usually shows you a real check of 8-9K, is it usually a fake check given to them as part of the kit
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unseenguy
08-16 06:14 PM
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
There is difference between a common man and a celebrity. We did make noise about Abdul Kalam and Fernandez when the news came out. I think SRK was right to make an issue out of it.
I have been through secondary once and frisked about 4-5 times as a "singled out" case. Man I hated it, whole flight was watching what was going on. What if I make an issue? It will be dismissed as everyone goes through it.
When I went for secondary exam , I was released with 5 mins of questioning but was made to wait 30 mins. The secondary officer was nice, but the primary inspection officer was really mean. She picked on me coz I was smiling in the queue and talking to other people. and I laughed at the jokes cracked by other immigration officers.
3 out of 4 frisking incidents were insensitive and derogatory.
But voice of celebrity has more credence to it.
There is difference between a common man and a celebrity. We did make noise about Abdul Kalam and Fernandez when the news came out. I think SRK was right to make an issue out of it.
I have been through secondary once and frisked about 4-5 times as a "singled out" case. Man I hated it, whole flight was watching what was going on. What if I make an issue? It will be dismissed as everyone goes through it.
When I went for secondary exam , I was released with 5 mins of questioning but was made to wait 30 mins. The secondary officer was nice, but the primary inspection officer was really mean. She picked on me coz I was smiling in the queue and talking to other people. and I laughed at the jokes cracked by other immigration officers.
3 out of 4 frisking incidents were insensitive and derogatory.
But voice of celebrity has more credence to it.
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NNReddy
09-03 06:06 PM
It's a sad day indeed for India(and AP in particular) to loose a dynamic leader with a vision. Go to every village in Andhra and ask them are they better off now compared to six years ago. YSR did a lot to AP, would have done much more if he lived.
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
He made money, most of it legally, by establishing companies and getting contracts and positioning them for growth. Everyone had opportunity to do it. He also did a lot for poor people. Show me any other politician in india who had the vision or energy YSR has. Now that he died, it's really sad that we come up with so many things against him.
Look at US media/people, kennedy died last week, did they say everything he got was because he was born as kennedy, he is indeed born into the family and family choose him as a senator when JFK became president. he became senator because of his birth, but he did lot of good, fought for health care, immigration and against war.
It's not how you got the opportunity, but what you did with opportunity. YSR was born in middle class family, he climbed the ladder thru hard work. kennedy was born into wealth/privileage, he used it to further liberty. Yeah, both of them were not perfect, but the good they did outbalances the bad they did. What about all of us, what are we doing, just working in non-descript jobs, are we contributing anything to mankind(apart from our family) or nature?
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eb3retro
07-27 08:55 AM
hang on, I have heard these words somewhere? Let me think which walmart / indian temple? This thread really bothers you guys eh??
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .
I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .
I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)
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rajeev_74
09-24 07:04 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
It could be part of the Bail out package...
It could be part of the Bail out package...
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Desertfox
07-24 07:59 PM
This is the most accurate evaluation I have ever found on this forum regarding how USCIS works! :D
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
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Canuck
02-14 01:10 PM
I understand the mood among fellow Indians , due to substantial dates movement for ROW but it dint move enough for India. Lets take the high road and stop bickering among ourselves and lets get back to the Action Item which needs to be done.
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
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Kushal
07-27 06:09 PM
Kaushal,
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.
I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
Peace OUT!!
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ns33
02-18 02:18 PM
Did you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?
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newbie2020
02-19 10:52 AM
Guys, There was a reference to class action suit on Murthy
http://www.murthy.com/news/n_whatnow.html
Which clarifies doubts from so many folks whether being a part of class action will have a negative effect on his/her case.
http://www.murthy.com/news/n_whatnow.html
Which clarifies doubts from so many folks whether being a part of class action will have a negative effect on his/her case.
digmetalq
09-04 03:47 AM
True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.
I know one Andhra CM called Chandra Babu Naidu who was NTR's son in law, he was the one who reformed the software industry in India, and it was because of the enterprising software engineers working in US made the world realise how Indian engineers are good not only in innovation but also enterprising. Example Bill Gates was the first one to discover the potential.
I know one Andhra CM called Chandra Babu Naidu who was NTR's son in law, he was the one who reformed the software industry in India, and it was because of the enterprising software engineers working in US made the world realise how Indian engineers are good not only in innovation but also enterprising. Example Bill Gates was the first one to discover the potential.
samay
07-30 10:13 AM
Dear Samay,
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
Thanks for your quick reply.
One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)
Thank you so very much.
Regards,
Watzgc
Yes you can.
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