Thursday, June 30, 2011

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  • 2011 Credit: Princess Diana


  • hebron
    07-27 07:00 AM
    Hi,
    I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will

    Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.




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  • jonty_11
    07-06 04:36 PM
    I think it means if you sent in your application then you can get a receipt by the date listed.
    Atleast thats the interpretation I got from it.
    sent in ur application by when? waht must the receipt date ?




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  • LookingForGC
    06-29 10:42 PM
    Thank You! It helps.




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  • GCBoy786
    10-30 01:52 PM
    OK.

    Is there anyone who has the same status on AP and actually received the approval notice?

    Thanks.



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  • Intel
    10-05 01:07 PM
    Hi!

    I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.

    I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.

    It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.

    I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition

    Q. How do I establish residency?
    A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.


    http://www.utexas.edu/student/admissions/residency/resfaq.html#q1

    Thank you for all your help! - Remember I am in CALIFORNIA not TX.




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  • gcformeornot
    08-08 09:48 AM
    My check bounced...I did not have enough money in my bank account. What to do? I am so confused.

    most likely it will come back.



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  • immihelp123
    03-30 08:55 PM
    Hi All,

    I have used AC21 to switch employers. I also changed attorney using G28.

    Do I need to file G28 for my spouse as well for the new attorney?

    Any help will be appreciated.

    Thanks




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  • Blog Feeds
    09-18 10:20 AM
    Attorney Eugenia Ponce recently wrote a blog post here (http://www.immigration-law-answers-blog.com/2009/07/immigration-law/immigration-rights/lawful-permanent-residents-keep-trips-abroad-relatively-short/) cautioning Lawful Permanent Residents to keep their trips abroad relatively short. Here is the text of that post:

    Lawful permanent residents (LPR) of the United States (green card holders) need to keep their trips abroad to a relatively short period of time. The Department of Homeland Security (DHS) could determine that an LPR has abandoned their residence if the LPR’s intent was not to return to the U.S. within a relatively short period of time.

    Factors DHS could consider in evaluating the LPR’s intent include:

    Whether the trip abroad is lengthy or for a short period of time;
    LPR’s family ties in the U.S.;
    property holding in the U.S.;
    business affiliations within the U.S.;
    LPR’s family, property, and business ties in the foreign country.

    After that was posted, we were asked what exactly we meant by the term "relatively short." Of course the answer, as always, depends on several factors. But here is a further explanation from Ms. Ponce:

    What a "relatively short period of time" is can't be defined in terms of elapsed time alone. Generally, lawful permanent residents (LPR) can use their green cards to return to the United States after a temporary absence not exceeding one year. The most important factor in concluding whether an LPR abandoned his or her U.S. residence is to look at the LPR's actual intent to return to the United States after a short trip, along with the other factors such as property, business, and family ties inside the U.S. and in the foreign country. An LPR returning to the U.S. once a year for a few days doesn't "automatically revalidate" a green card in a situation in which the lawful permanent resident has actually been residing abroad.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/lWE-18mYGGw/)



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  • rameshraju11
    06-05 04:08 PM
    Hi,

    My current Attorney could not inform my employer for H1B RFE. H1B RFE supposed to be submited by May 25th. however Attorney only informed today about the RFE. Employer needs a week to submit RFE. can we submit RFE after RFE submission date ?

    Thanks




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  • tylercfan
    08-14 09:45 PM
    i dont really know how but there is a way to do it
    i think when u compile it(export, whatever) you need to check on option it has the word outline in it..hehe sorry i cant help more.



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  • Green_Always
    05-06 05:22 PM
    Yeah.. things are not good at all here now!!! and Everywhere soon ???


    Daily Job Cuts - Layoff News , Job Layoffs 2010 / 2009 , Bankruptcy, Store closings and other Business Economy News (http://dailyjobcuts.com/)

    Already we know how schools are here I mean how they teach and on top of this I see lot of Layoffs and in Schools and closing of schools everywhere across country, dont know where it will lead to further, with all these BIG DROPS in Wall St.


    Next will be Jobs Reports and Foreclosure Reports along with Greece / Europe Problems.


    It will be fun !!! will go back 25 yrs ???




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  • panky72
    07-20 10:33 PM
    Hi
    Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
    Or it is a rule that we need to go only to local county health dept.

    -Rao.

    PCP should be ok. Make sure you get a letter from your PCP after the completion of treatment.



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  • fullerene
    12-17 05:21 PM
    core members:

    I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?




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  • eilsoe
    09-30 08:49 AM
    oki, but u could also go for the built in flare filter...



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  • Princess Diana and Prince


  • supers789
    09-21 03:35 PM
    I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.

    Thanks.




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  • dwl800
    06-09 01:23 PM
    Hi All,

    I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.

    If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....

    WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?



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  • number30
    06-25 06:45 PM
    I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
    Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.

    I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion




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  • BMS1
    11-06 10:29 AM
    You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.




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  • FSL
    08-22 11:44 AM
    Offcourse they have entered A# time of the finger print I even gave them my EAD card along with ID which has my A# on it and entered it from there. A# is also on FP form which you have to fill out if you have A#. Hope that helps.




    gchopeful2
    08-15 09:26 AM
    I'm in the same situation. There is a 1 letter difference in my Father's name in the passport and in my birth certificate.

    My lawyer went ahead and filed my 485. I did an affidavit later and sent it to the lawyer. He says he'll send the affidavit only if there is an RFE. Hope the helps.

    ****NOT A LEGAL ADVISE****




    mundakamal
    06-13 07:49 PM
    Hi All,

    My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

    Gurus please advise...

    Thanks!



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  • pcsim6770
    12-16 09:51 AM
    Hello,

    I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.

    please help!!




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  • mailsunnydeol
    07-22 01:17 PM
    Guys, is there any way to expedite her EAD to be approved soon? The available solutions you have include:
    1. File for your wife's H1 extension
    2. After 60 days of filing your EAD, take an Infopass appointment and request an expedite process of your wife's H1 stating financial hardships, job loss etc.
    can she continue work in h1 even if her h1 has expired until 90 days? No




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  • sioux
    11-30 10:36 AM
    the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.

    Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.




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  • drona
    09-07 02:54 PM
    Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.

    http://immigrationvoice.org/forum/showthread.php?t=12976



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  • WaitingUnlimited
    10-09 06:27 PM
    Sorry.. Subject should have been "Filing PERM During 6th year of H1"

    Hi,

    I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
    Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
    Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.

    Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).

    If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?

    Thanks
    WA




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  • reddymjm
    05-21 10:01 AM
    EB3 getting a spillover is highly unlikely, atleast this year.



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  • images Tyler Perry#39;s House


  • Aah_GC
    06-24 06:16 PM
    Yes you can but at some point it is safer for you to have worked for at least some time with Company A. Please confirm with others.

    Between, you just invoke AC21 automatically under the guidelines - there is nothing to "file" per se, unless you want to send out your new offer letter to USCIS along with other supporting documents.




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  • snathan
    02-23 06:59 PM
    I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.

    Please advice if I should refile with education evaluation from anothe agency.

    Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.

    They are not disputing your B.E but your PGDM...



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  • girish989
    07-02 04:35 PM
    Hello All,

    I would really appriciate if you can tell the names of the colleges that you guys are going to ....

    Thanks,
    Girish S.




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  • looneytunezez
    11-01 11:53 AM
    that makes no sense. backlog and being current mean exact opposite things.

    the meaning of backlog is to indicate that there AREN'T enough visas available to make a category current. being current means there ARE enough visas available for your category.

    so in essence, someone who is current isnt considered back-logged or vice-versa.

    where did you hear such nonsense?

    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?



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  • saravanaraj.sathya
    08-02 02:26 PM
    Is there any good news for DB Visa in that bill?




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  • AB1275
    09-25 04:42 PM
    Yes both are my posts.....

    My concern is what kind of an RFE is this? Is it serious?



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  • ronhira
    01-05 03:46 PM
    here is some information - the insurance one needs for software consulting/services its -

    ** general liability (also called GL)
    ** professional liability insurance (also called errors and ommission or E&O)
    ** workers compensation (asl the state government in each state and its goverened by the each state)

    you could get free quotes from
    Business Insurance, Small Business Insurance, Professional Liability Insurance, Business Liability Insurance, General Liability Insurance (http://www.techinsurance.com/)
    professional liability insurance, errors and omissions insurance, business insurance (http://www.insurepro.net/)

    or simply search for business insurance agents in u'r area & they can give you quotes......




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  • thakkarbhav
    02-08 09:34 AM
    You do not need EAD as your have GC. You can stay and work using your GC. EAD is required while your GC is under process.



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  • rajeshalex
    03-09 02:55 PM
    1 It is your resp to send ur SSN to the company.

    2 Call the Internal Revenue Service at 1-800-829-1040 and file a W2 complaint. They wil take a report and send you a form that you can use as a subsitute, you will need your last paycheck stub when you call, along with the name, address and phone# of the employer and what dates you worked for them
    Source(s):
    Internal Revenue Service
    1-800-829-1040

    Employer has the liability to send the W2 form by Jan 31st and they need to keep proof for that. When u complain IRS will ask to send the proof and fine them 300$.

    After getting the notice even if company doesnt give the W2 form u can use the substitue form which will be mailed by IRS once u complain.

    Rajesh




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  • radhay
    08-12 01:54 PM
    clif, I wouldn't worry too much regarding the interview. Just take the latest paystubs, Employment letter from your new employer and all the evidence that you have to prove that you have been legally maintaining status in the country. Since you have already submitted medical exam results you don't need to take them with you.

    They usually just send a standard letter without checking any items in the list.



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  • ChalapathiChitturi
    07-22 02:51 PM
    Thank You little_willy and lifesucksinUS.

    I also have the same question as jambapamba.




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  • wandmaker
    11-04 01:11 PM
    1) Does that require any additional fees?

    There is no additional fee, all you need a compelling reason to expedite AP

    2) How long does it take for AP to come thorugh after expedite

    My friends mom was hospitalized, not life threatnening issue - he was able to obtain AP in a week. Onething to note, this was before July fiasco.

    3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?

    Brother's marriage is not a compelling reason to expedite your AP - One of the IV member could not make it to bro's marriage, please read http://immigrationvoice.org/forum/showthread.php?t=15101 , this can throw some lights.

    4) Is there any harm or backfire due to trying to expedite through infopass

    It will not bring you any harm, if you present the facts for your request. It applys to all your request, not only for AP.

    5) filed 485\ap on July 02. recieved EAD and FP already done.

    You are all set, all you need is AP to travel outside USA or you can trip, if you have a valid unexpired stamp on your passport.




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  • pd052009
    05-23 09:45 PM
    My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.




    go_guy123
    08-19 12:58 PM
    the question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...

    Does the question make sense?

    I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
    find knowledgable people about Canada immigration as this forum is mainly about US immigration.
    However below is the official link.

    Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)

    In the purpose you say: business




    martinvisalaw
    01-26 10:37 AM
    He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.

    Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.



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  • Pineapple
    10-13 10:28 AM
    If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
    Once we have some people, we can plan and set up appointments over the next few weeks.




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  • llcooljin
    12-09 08:30 PM
    My situation:
    1. My six year limit on my H-1B expires Jan 2008
    2. My Priority Date is Jan 06 under EB3 category
    3. My I-140 was approved on Sep 06
    4. Currently waiting on my Priority Date to become current so that I-485 can be applied.

    What are my options as far as changing employers? Do I have any options?




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  • waitin_toolong
    10-03 11:40 AM
    as soon as you get it.




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  • adnan_vijay
    12-02 04:53 PM
    my US green card holder mom partitioned for my green card in 2000

    my priority date became current in june this year

    my consular processing application has been lodge for almost 2 months now to USCIS.

    can I please ask when is the FBI name check done?

    how do I know if I pass the FBI name check?

    :confused:



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  • immi_enthu
    08-10 06:38 PM
    why the delay even in saying to wait for 90 days ?




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  • nat23
    07-12 09:23 AM
    bumping up

    If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.



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  • gparr
    April 22nd, 2004, 10:04 AM
    I like this shot but two questions: Should I have more DOF on the string of flowers and is there too much flash? Any other thoughts appreciated.
    Gary

    http://www.dphoto.us/forumphotos/data/500/153bleedingheart1.jpg




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  • pointlesswait
    03-06 09:55 AM
    Arent you allowed to apply for OPT only after you express ur desire to "graduate"?
    if that is the case that means you have completed ur studies.
    The other option would be enroll for a second MS...and try to go find a job on CPT?

    i would not travel out on a OPT...
    if you really want to travel...travel when ur F1 is valid.




    Hi,

    My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..



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  • apahilaj
    09-12 02:08 PM
    What does this mean?
    On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Does it mean that they mailed the letter that it is approved or did they mail the card?

    If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.




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  • satishbsk
    07-20 12:31 AM
    Congresswoman Lofgren Started, IV core tcontinued guiding IV members with Flower campaign / SJ rally.
    IV core gave all updates.

    AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D

    _______________
    Contributed $280 so far
    $20 recurring



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  • martinvisalaw
    07-20 02:02 PM
    Hi,

    1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.


    If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.

    2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?

    I haven't had a problem with H-1B extensions

    3) How much is the H1B renewal fees?

    It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:

    $320 I-129 fee
    $500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
    $1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees




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  • spaceguy
    07-21 10:29 PM
    Can anyone please reply.

    Your wife can apply for SSN and can work on using EAD. This will not affect your status. You can still work on H1.



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  • NELLAIKUMAR
    08-22 02:14 PM
    I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????




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  • vdlrao
    10-22 04:39 AM
    Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)

    Best of luck with all who are still waiting to be greened!!



    Congrats.



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  • gaz
    09-01 03:26 PM
    Hello,

    My 140 is approved. My H1b is already extended for 3 years.

    1) Can my spouses H1b get 7th year extension based on this?
    2) If not, can my spouse move to H4?


    Thank you.
    gaz




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  • realizeit
    06-10 12:46 PM
    From Oh:

    06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!

    http://www.immigration-law.com/


    FROM DHS Secretary Chertoff

    .... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.

    Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.

    This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....

    Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm



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  • GC_sufferer
    09-18 01:20 PM
    Check out the photos on Gregsiskind Blog.

    http://blogs.ilw.com/gregsiskind/




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  • crazy_apple
    10-12 02:59 PM
    I'm sure the following questions have been asked several times too. What are the answers in the following scenarios:

    After 485 filing and before 180 days:

    - Person loses job and is unemployed. Does the 485 stage continue? Does AP and EAD assigned to this person still continue to work?
    - If this person finds another job (based on EAD or H1), does the 485 process continue? Or does the whole GC process needs to restart?

    After 485 filing and after 180 days:

    - Person loses job and is unemployed. Does the 485 stage continue? Does AP and EAD assigned to this person still continue to work?
    - If this person finds another job (based on EAD or H1), does the 485 process continue? Or does the whole GC process needs to restart?
    - Does the person need to be employed when the 485 stage is approved?
    - Does the person need to be in the US when the 485 stage is approved?

    I hope this helps other users having similar questions.

    Thanks!




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  • Lasantha
    06-07 11:53 AM
    Guys,
    I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:

    Lasantha




    mbartosik
    04-08 04:40 PM
    If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.

    So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
    "If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."

    This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.

    ----

    Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.

    ----
    Please comment.




    shana04
    02-23 04:23 PM
    I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
    I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??

    PS: I've already applied for my new passport and expecting it any time.

    Thanks in advance

    Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.

    Good luck