Sunday, June 12, 2011

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  • sankar_203
    09-25 01:35 PM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.

    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..




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  • bekugc
    07-14 11:06 AM
    can2004;

    Go online, change ur address on record with INS/DHS and also for any pending INS petition u have curently.

    dont have any fears like "oh if i change now will it screw up my on going...". nothing -ve will happen. worst ive heard is - something gets returned back to INS, you make a phone call and remind bout address change u have already done, and in 2 weeks they resend the doc to new address.

    its the law, and they have made it damn easy for u to follow; so just do it.

    if u want example - i myself moved 20 days ago, did online addr change. i had applied for ead renewal in may, INS sent ead card to my new address only...so the system works...i also know 3 other 485 cases where address chg was done, they had no prob receivng GC at the new addresses, no -ve affect.

    thanks




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  • ksvreg
    09-25 02:20 PM
    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..

    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.




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  • myimmiv
    12-17 02:06 PM
    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

    Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.

    Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?

    Thanks in advance for all your time.



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  • glus
    04-15 02:24 PM
    In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.

    I am not an attorney.
    G




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  • pappu
    01-28 05:46 AM
    Excellent proactive attitude......This is what we need....

    I would like to make the following pledge...

    For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.


    Anyone ready to take up my pledge?
    Thank you for your pledge.
    I am sure our members will take it up as a challenge and help you complete your pledge.



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  • kirupa
    01-14 12:51 AM
    Cool - added! :)




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  • sunny1000
    12-15 12:37 AM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks

    Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.

    Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.



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  • letstalklc
    10-13 05:31 PM
    What is the URL for checking the PERM case status?

    You need login credintials in order to check the perm status. I am not sure if any option available in the New system...




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  • waitnwatch
    12-07 06:49 PM
    Note that once you get a new passport the old one will be stamped as cancelled. So effectively you only get to use the new passport and all stamping will be done on that.

    for payal nag

    did you by any chance not send the extra $15 or so which guarantees overnight delivery. My experience is that I got my new passport back within 7 days. Same with my wife's passport. This is SF I am talking about.



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  • texcan
    10-19 01:48 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.




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  • sravankind
    01-09 10:17 AM
    dude post problems in threads in correct english.

    Thanks for suggestion
    if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them



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  • vrbest
    03-23 10:59 AM
    Our deepest condolenses and sympathies to thier families. May their souls rest in peace.
    Please be safe and wear seatbelts always..




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  • jungalee43
    08-26 09:38 PM
    Sailesh thanks for your advise.
    Can some immigatin attorney post opinion / advice please? I understand that you may not know complete details of the case. But still I would highly appreciate your opinion.



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  • ONEMOREGCSEEKER
    07-15 07:07 PM
    rpat1968,

    I am also seems to be in same situation. Can you please share if you were able to resolve this issue and how?

    Thanks in advance.




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  • aimee
    July 13th, 2006, 09:43 PM
    I ordered 8 Bonsai trees for relatives from http://4bonsai.com site and I just want to say that I am amazed by the service and would like to THANK them for the quick delivery!
    They arrived quickly and evidently by all accounts in perfect condition! And
    to top that they are the perfect gift each family member was quite impressed
    with not only the Bonsai but the instructions that came along with them. My
    Aunt was the most excited as she had killed a Bonsai tree earlier due to
    lack of knowledge. I told her that there are various items for starters such as: Bonsai Seed kits, Ikebana, Specimen Bonsai, Bonsai specimen, Bonsai Tool kits, Bonsai Figurines, Feng Shui products, Feng Shui, Lucky Bamboo, Lucky Bamboo pots, Lucky Bamboo kits and
    Bonsai humidity trays that she can choose from and there are even Bonsai Wholesale, Bonsai tree wholesale, Bonsai trees wholesale, and Bamboo wholesale for business minded persons or those who wants to have bulk orders for personal gifts. I recommend this site for all Bonsai lovers out there. Or is there a better site that offers a lot of Bonsai products?



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  • CheckRaise
    10-09 03:15 PM
    I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?

    Thanks in advance!




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  • Rajeev
    02-26 04:47 PM
    H4 visa holder can pursue their studies in US but they cannot work while studying.

    he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

    so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

    My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.




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  • dpp
    11-17 09:48 AM
    House bill passed long back, but there are very few differences between Senate and House bills. They have to reconcile.




    hoolahoous
    07-14 09:30 PM
    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?




    irrational
    10-09 03:13 PM
    The whole problem is where should I send my AP application to ?? :confused:



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