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logiclife

03-02 02:26 PM

No.

It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.

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amengiv

01-12 02:24 PM

Hello everyone,

I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.

Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.

Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?

Thanks a lot in advance!
Andrew

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LONGGCQUE

02-04 10:03 AM

It was something like this -

- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you

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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

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11-04 10:36 PM

sent mails to 100+ WI members for meeting.

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trueguy

03-23 06:45 PM

Port of entry doesn't matter. You can leave from JFK and come back through California. It totally depends on your airlines and the route you choose. I have done it many times.

Not sure about 2months left on your visa thing. I don't have any comment on that.

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ameryki

07-22 01:42 PM

thanks guys. i wished there was any interim EAD to continue work.

I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.

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nomi

04-19 08:36 AM

Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
Good news is not many ROW eb3 for AUG03. Date will going to move definately.



I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.

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ashrock11

06-14 08:02 AM

Not on speaking terms. Not legally divorced also.

Thanks for your responses.

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copsmart

02-26 10:32 PM

4. Consult an immigration lawyer ASAP

Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)

My Layer: Employer->Company A-> Primary Vendor -> Client

My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.

On this, What would be best option.

1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?

2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?

3. Apply for H1B transfer thru primary vendor's sister concern?

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gc_kaavaali

08-24 10:27 PM

Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.

Hi All,

I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.

thanks

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eb3retro

03-05 04:18 PM

Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

Can you please respond back ASAP.Thanks.


this is exactly the reason we ask you all to update the profile, this will get you correct answers from all of us. update your profile.

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waitin_toolong

07-18 01:34 PM

your wife is fine, with H1 transfer there is no need to file H4 transfer. She is not out of status.

If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.

And no issues with filing I-485

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aksvk

09-23 07:45 PM

Thank you so much for the information!

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qasleuth

05-04 08:09 PM

Folks from Ohio,

Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.

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bestia

07-17 05:37 PM

Can you change the ad? I think more correctly it would be if it sounded like:

Bachelors degree + 5 years OR master's degree required.

It would exactly fit and your description and EB2 requirements

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yagw

06-13 12:45 AM

Hi,

My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.

Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.

Please advise.

Thanks,
Nid

In EAD, you can have as many jobs as you can (using 1099 etc).

DISCLAIMER: I am not an attorney and this is not a legal advice.

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dallasdude

01-08 11:13 AM

That would be devastating! I dont see any positives out of that move.

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ksvreg

07-19 02:40 PM

My I-140 approved. Based on the July 2007 Visa Bulletin revision threat on June 30th, I have prepared and submitted I-485 package with all necessary documents along with approved I-140 copy. I sent the package to Nebraska Service Center and it reached on July 2nd. In the last minute, my company also submitted the I-485 package. My company sent the package on July 1st and reached on July 2nd at Texas Service Center. This was happened due to some communication gap between my company and me.

My questions are:
1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
2. Will they reject one of the package? If so, which one will be returned?
3. Is it possible to withdraw one of the package?

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gc_on_demand

08-12 04:12 PM

Hi,

I recently went through same situation for my spouse on H4. You have 3 options:

1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.

2. Go out of country and come back.

3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.


Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.

For H1b you cannot file I 539 but need to file I 129 which will cost lot more. I guess going out of country and coming back is good option. if you live near border area.

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04-17 09:40 AM

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07-30 03:20 AM

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GCLONGWAIT

09-16 04:53 PM

Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:

My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.

After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.

In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."

The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.


Looking at the above scenario, can you all please let me know:

Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?

OR

Am are they surely going to revoke my old labor?

Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.

Thanx in Advance

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guyfromsg

07-18 11:59 PM

What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.

According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.

Hope this helps.

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luksy

10-04 04:06 PM

i guess it's the commercials...

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hsingh82

07-14 01:30 PM

Hello,

I (Indian citizen) am on H1B and wife is on H4 (Canadian citizen). If we plan to get some franchisee and invest money from our savings, will she be eligible for E2 visa and work as an owner?

Thank you!

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mihird

05-18 02:37 PM

I had a very good experience with him..his charges are reasonable...I don't know his contact info off the back, but you can google up the words Virendra, Goswami and Immigration, and should be able to pull up his contact info...

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file485

04-29 09:20 PM

did u file the i539 along with your i129 application..?

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manishgc

09-13 11:57 AM

My Indian passport is going to expire very soon and my visa has also expired.
I have applied for extension for 3 years.

Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?

I am sorry if this is not right place to write about it...

thanks

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Beemar

09-20 09:45 PM

Don't read too much into it. Somebody might just be doing trivial mass updates (like moving your info from one database table to another ;)), and you will get a soft LUD.

Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.

So I really don't think there is much significance of a soft LUD.

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casper21

11-07 07:42 PM

Hi All,
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

Thank you!
:)

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radduri

03-17 02:23 PM

Thank you very much for your reply. but finally whats your conclusion whether can i able to start work with my client or not. please tell me the process how to make this work it out.

Thanks,
Ram

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waitingnwaiting

11-16 01:35 PM

LA OPINION (Editorial): The time is now!



|2010-11-16 | La Opini�n

The time is now! - La Opini�n - noticias locales, nacionales e internacionales desde Los �ngeles - impre.com (http://www.impre.com/laopinion/opinion/2010/11/16/the-time-is-now-222571-1.html#commentsBlock)



Democrats return back to a lame-duck Congressional session in which they have a majority in both chambers. This is the moment to make the effort to pass the DREAM Act and open up the path for hundreds of thousands of young people to enter the university or serve in the Armed Forces.



Major legislation on the agenda between now and the end of the year includes making permanent the Bush-era tax cuts, passing the fiscal year 2011 spending bill or at least passing a stopgap measure to continue to fund the government, extending unemployment benefits, and addressing cuts in Medicare payments to doctors.



There are many important issues on the floor and the position that will be taken by the Republicans is still unclear given they will have control of the House of Representatives in two months.



Despite this, we believe the DREAM Act must be added to the mix. In these past two years of Democratic control, the concerted push for comprehensive immigration reform never materialized. At a minimum, during these last weeks of legislative control, they should seek passage of legislation that would allow undocumented high school graduates � who have grown up in the U.S. � to continue their studies or to join the military.



Similar efforts a few months back failed because critics unjustly denounced the bill as an "amnesty," as if these young people were responsible for having been brought to the U.S. by their parents. Other critics charged that the bill would prove to be a magnet for immigrant parents to bring young children here. Such criticism ignores the real reasons for immigration.



This legislative session is filled with dozens of legislators who have either lost their reelection or are planning to retire. They have nothing to lose by doing the right thing and voting for a bill that will help the economy in the short and long term by preparing our country�s future labor force. And, at the same time, they will be strengthening the military.



Political savvy and determination will be needed to pass this legislation. Opportunities exist to attach it to other bills if it appears that it cannot be approved on its own. With so much at stake , the time to act is now!

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BEC_fog

12-11 09:31 AM

http://immigrationvoice.org/forum/showthread.php?t=16031

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texcan

02-13 02:41 PM

no replies? cant believe i am the only one in this situation :)

please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.

I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.

IMO you should get AP and then travel, you sure can go for h1 stamping.

HTH

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dealsnet

01-28 08:34 AM

If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.

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ahiyer

11-24 12:55 PM

Hi friends,
Since the h1b quota for year 2009 is not exhausted, can one(company) file the h1b visa right away or do we need to wait for April 2010?

One of my friends is interested in coming to the US. The consulting company to whom he applied said that they could only apply for the H1B visa in April 2010.

Could you please advise?

Appreciate

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eb3_nepa

02-25 09:29 PM

Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

Is it possible for someone to post a link to the same. I have tried looking and found nothing.

Thanks

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kondur_007

08-22 02:10 PM

First time a post made absolutely no sense to me!:eek:

That was indeed funny...:D:D made me laugh

Although pani_6 is correct in what he is saying.

Here is the link:

http://boards.immigration.com/forumdisplay.php?f=252

I guess, this may not be an as important an issue as "getting the GC"..:p
But some people may care more about it than others...especially who have a long list of family members to be brought in :)

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10-01 12:39 PM

bump

Can anyone please comment ?

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10-06 05:07 PM

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ameryki

06-18 04:14 PM

as long as you enter the country back on or before Sept 30th 2010 you will be in good shape otherwise you will need a new visa to enter.

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inthehole

07-20 09:08 PM

Folks,
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D

Hi Softman,

I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..

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04-17 09:35 AM

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In his dreams :lol:

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GCBoy786

10-30 01:23 PM

Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?

For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.

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03-23 11:03 PM

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06-21 07:51 PM

Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.

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Blog Feeds

03-29 07:50 AM

Released: March 17, 2011

WASHINGTON�In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

USCIS understands that a natural disaster can affect an individual�s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:


The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
Re-parole of individuals granted parole by USCIS;
Extension of certain grants of advance parole, and expedited processing of advance parole requests;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
Expedited employment authorization where appropriate; and
Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.
Visitors traveling under the Visa Waiver Program may visit a USCIS local office (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60a RCRD) for assistance. Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.
For more information on USCIS humanitarian programs, visit www.uscis.gov (http://www.uscis.gov/) or call the National Customer Service Center at 1-800-375-5283.









Last updated:03/17/2011




More... (http://ashwinsharma.com/2011/03/21/uscis-reminds-japanese-nationals-impacted-by-recent-disaster.aspx?ref=rss)

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gc_check

07-01 08:42 AM

It is possible this can occur, but rare, A while back there was an article @ Murthy's website on this. They have to check with their Attorney to ensure there is no other issue in future. It depends on when the application was adjucated, whether prior to retrogression or not. The communication can be at a later date

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InTheMoment

02-09 09:37 PM

And how do we know which country passport you are talking about ?:confused:

My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.

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lonedesi

07-27 08:19 AM

I happened to read the following on a different thread on IV

"for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date."

Does it mean that any packages that were sent out yesterday(Thursday) will be delivered today(Friday), but USCIS will only pick it up on Monday morning and then assign Monday as the receipt date? Anyone with some knowledge on this, please clarify.

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gc_on_demand

01-08 02:47 PM

Nothing positive? Check this out:

http://immigrationvoice.org/forum/showthread.php?t=22242

There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)

Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.

but if new administration makes USCIS to more productive ,closing door behind any one will not help.

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dallasdude

01-08 11:13 AM

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perm2gc

11-30 10:09 PM

Hi,

I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.

My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.

Meanwhile, I got an offer for permanent employment in a good organization (B).

I would like take that offer but issues that are bothering me are:

1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?

2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?

3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.

Please help me with these questions.

Thanks!!!

Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.

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07-29 12:21 PM

You can post the request on
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pune_guy

06-05 06:14 PM

Hi Guys,

In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

What number should we write? I-485 receipt number or receipt number for last EAD?

Can someone please respond?

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02-27 06:27 AM

Swift 3D V2 provides a lot more options for exporting your files than Swift 3Dv1. I have a few basic tutorial up on my site regarding Swift 3D, but I will create more in the near future!

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vjw2

01-16 04:21 PM

hello all,
Has anyone in Charlotte, NC got a extension on the Driver's license on the basis on the H1-B renewal application receipt.

My spouse's driver's license expires this month end. I have applied for h1-b/h4 renewal, yet to receive the application receipt.But wanted to know if anyone here in Charlotte,NC got a extension/grace (30days or 90days) on the basis of the receipt.

thanks.

I have a similar situation. My NC license is expiring and I am not sure if i will get the H1 renewal in time. Were you able to get it extened with the application receipt?

Thanks for your help.

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girlfriend Club inside Target Field;

2011 target field seating

sanjose16

02-24 11:03 AM

How can you file H-1B for your spouse? Please explain.

I mean (employer) not me..:)

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view of Target Field with

djmaddy

07-30 03:59 AM

this one is very cool

Thanks a lot Dom, it took some time for me to find transparent layered maps of water to work with. Initially this was drawn with the orange falling down, but an even splash wasn't what i had in mind. So I had random splash, mostly one directional and then spinned the image to have gravity work as well-once again thanks

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vidyakulkarni

07-11 06:52 PM

can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.

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rajc

08-12 03:28 PM

Hi,

I recently went through same situation for my spouse on H4. You have 3 options:

1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.

2. Go out of country and come back.

3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.


Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.

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