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  • eb3stuck
    05-08 01:52 AM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
    No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:





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  • StuckInTheMuck
    07-11 11:59 AM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.





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  • Madhuri
    05-22 04:57 PM
    In that case we ourselves can keep a counter how many IV members did file 485 in June 07. It might give us a rough idea.
    New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

    If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

    Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

    So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

    Sree





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  • LostInGCProcess
    11-06 02:54 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.
    You can use AP to travel and still be on H status, provided you are working for the same employer.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
    Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
    Its better to maintain H1 status till you get the GC.



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  • Templarian
    04-23 07:01 PM
    ^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing.

    for real though, all DX10 cards are backwards compatible with DX9L. SDL is pretty much compatible with everything your heart will ever want.





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  • priderock
    05-11 10:00 AM
    Couldn't agree more !!!. Stop fighting !!! Both have merits.

    This (consideration) may not be widely known but it is not new. I posted a link about a week ago about the senate testimony by a leading law firm (invited witness/expert) on this subject.



    From all the discussion above, it's clear bigoted minuteman types who came up with this brilliant tactic of pushing point based system to delay and deny any type of immigration reform this year are winning rhetorical victory.
    Guyz.. please just SHUT UP.. No point in fighting with each other..
    first..
    anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!

    2nd...
    Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
    Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..

    BUT whatever your views.. don't give any credence to this divide and rule tactic..
    look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !



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  • chanduv23
    03-05 10:02 AM
    As per my understanding here is how it is supposed to work

    - One ONLY has to say whether he/she is Authorized to work for any employer in an unrestricted manner

    - One ONLY has to say if he/she has a security clearance

    - One ONLY has to say if he/she needs a visa sponsership now or in future

    - Certain jobs may need that one has to be a US Citizen (not sure about this) - but there must be a valid reason as to why the job needs a US Citizen

    Once an employment is offered, the employee has upto 72 hours from the day of joining to provide proof of work authorization and complete the i 9 form. The authorization must be original and the employer must verify this and take a copy and place it in the employee's folder.

    Desi3933 or IV Attorneys - please pass on your comments.

    This is very important because - due to economy, a lot of employers are coming up with arbitrary rules and applying arbitrary filters and will continue to do so as long as it is not challenged.





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  • piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.



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  • wandmaker
    08-17 12:39 AM
    I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

    Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

    3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

    4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

    5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

    Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.





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  • prem_goel
    01-13 06:56 PM
    I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?

    thanks
    arun

    yes i think so since you have one previous h1b stamping from home country. BUT, you should always check the consulate website for latest rules and info.



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  • chunky
    07-27 08:49 AM
    Can we leave country and apply for H4 visa at US embassy.
    Will I 485 be abandoned with it.

    Thanks
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.





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  • kisana
    04-11 04:27 PM
    Can any one who has used e-file , please advice for my last two questions.



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  • waiting_4_gc
    01-18 01:54 PM
    Great idea. We are getting another opportunity to meet with our NorCAL IV members.
    I am in.
    Can someone PM me with more info about this event?





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.



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  • chanduv23
    09-15 04:35 PM
    Bump





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  • mbartosik
    11-09 07:17 PM
    The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.

    If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.



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  • bheemi123
    03-31 10:42 AM
    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .

    can you please let us know which service center you filed and what was your notice date in i485 recipt notice





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  • simmy78
    08-10 02:13 PM
    I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

    Thanks.





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  • nikdevid
    11-24 01:08 AM
    Hey all, I have PayPal Account and i have 200$ in that account, now what happen i wanna transfer in my indian bank account.. What the procedure i have to follow.. Please suggest me right way.





    indio0617
    12-07 09:56 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.


    You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.





    psaxena
    07-31 01:45 PM
    Hey INSBABY,
    Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p

    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    EB3 I - OCT 2009 - 01/JAN/98
    EB3 I - OCT 2010 - 22/APR/01
    EB3 I - OCT 2011 - 22/APR/01
    EB3 I - OCT 2012 - 01/JUL/01
    EB3 I - OCT 2013 - 01/JAN/98
    EB3 I - OCT 2014 - 22/APR/01
    EB3 I - OCT 2015 - 22/APR/01
    EB3 I - OCT 2016 - 01/JUL/01
    EB3 I - OCT 2017 - 01/JAN/98
    EB3 I - OCT 2018 - 22/APR/01
    EB3 I - OCT 2019 - 22/APR/01
    EB3 I - OCT 2020 - 01/JUL/01