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  • hatighora
    02-11 04:58 PM
    Hi, my H1-B expired on Feb 6th, 2009, I have EAD based on I-140 approval and 485 pending (EB3 ROW). Can I apply for extension of my H1-B or do I have to switch to EAD since H1-B expired?





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  • rr_immaculate
    08-04 11:58 PM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.





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  • pbuckeye
    04-29 09:58 AM
    Thanks IV team.

    Does IV know if Schumer is getting any traction after meeting with other republican lawmakers? Lugar indicated previously that he is interested in the EB part.





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  • GCMangataHai
    10-21 05:24 AM
    PSAM,
    What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.



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  • reddymjm
    01-09 11:39 PM
    I would have said 2020 but as you are not part of India or china may be 2015.





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  • bitzbytz
    05-13 03:05 AM
    finally...now what?



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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...





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  • flex
    10-02 02:38 PM
    Thanks Pom, but I'm having a bit of a time grouping these designers http://www.kirupa.com/forums/smileys_files/stickpoke.gif



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  • pappu
    05-15 10:41 AM
    A few IV(I+We)'ans from several state chapters across the US have been working really hard to gather support for our bills to recapture EB visa numbers, eliminate per country caps and exempt STEM graduates from GC Quota. We have started a funding drive of 50,000$ to support lobbying efforts of these bills 25 days ago. So far we have raised 16256$ with the help of 167 members. We still need 33,744$ to reach our goal.From time to time IV'ans have come together and have made miracles happen. We have achieved Reversal of the July Visa Bulletin and succeeded in obtaining a few Admin Fixes ..

    Can we come together and raise the remainder of 33,744$?

    Yes we can and we will
    Let's do it again IV(I+We)'ans

    Click "Contribute Now (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44)" and make a donation.

    Want to donate an alternate amount not listed on the contributions page?. Login to paypal and send in your desired amount to donations@immigrationvoice.org

    Let's do it..Cheers

    Please Click here for a list of members who have contributed so far (http://immigrationvoice.org/forum/showpost.php?p=248292&postcount=6)

    Great post. Thanks
    Pls contribute





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  • phigi
    03-28 12:35 PM
    your payroll should be run against the place of your work and not your employer's state!
    This is important!!!



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  • puskeygadha
    06-02 09:22 PM
    somehow they have to talk to DOL
    morons..

    but one out of many attorneys may have screwed up..why is everyone
    being audited???





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  • rockstart
    01-15 12:54 PM
    I got mine in 3 months non premium processing for H1 extension (1st 3 years over so applied for second three years) same employer, same profile. So basically the most straight application you can put.



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  • ita
    01-28 05:00 PM
    Sanjiv Sidhu..from Hyd,India..started with F1 in U.S

    http://en.wikipedia.org/wiki/Sanjiv_Sidhu





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  • Steven-T
    February 12th, 2004, 12:10 PM
    Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!

    FEEL THE FORCE obiwan!! :D:D:D:D:D

    Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA

    Oh, ISO 6---> buy ND filters!

    Scott

    I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.

    Steven



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  • knowDOL
    08-04 09:50 AM
    Are you trying to substitue this LC that requires BS + 3-5 years or MS + 2 years? If so, and if you have not got answer to your question, the job requirements you posted qualify only for EB3 and not EB2 though you have MS. The labor should either Ask MS + 0-5 years or BS + 5 years to be qualified as EB2. EB2 and EB3 category does not depend on what you possess and only depends on what the job requirement is. So, BS + 3-5 years means BS + 3 years is also acceptable, so it goes into EB3.

    and if you change company without substitution and apply in EB2 fresh and not substitution, you will still be able to port your EB3 PD which is JAn 2004 to your EB2 so thats good jump. Or if you have good relation with your current employer ask him to sponser and EB2 as you already have MS. that will work too.

    Hi,
    I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

    This is just a part of the job description:

    - BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.

    Thanks.





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  • hdos
    06-08 08:52 PM
    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?



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  • jvs
    01-18 09:42 AM
    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

    If "if you re-enter US before your extension is valid" is not the case then following is my experience.

    Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.





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  • vikki76
    05-24 02:50 PM
    Interesting you brought this up. I am alumni of RPI and take great interest in current college activities.Read this in their this month's alumni magazine


    "For several years President Shirley Ann Jackson has been warning of a looming gap in the science and engineering workforce,driver primarily by three factors.Those who responded to President John F Kennedy's historic call to action following launch of the Sputnik satellite and became the scientists and engineers whose work has fueled the US economy for a generation are on the verge of of retiring numbers.

    As a nation of immigrants,the United States has relied on students,professors,and researchers who came from abroad to study and remain ,but in a "flattening" world offering expanding opportunities,their numbers are decreasing.In addition,not enough young people in this country are being excited and prepared to pursue careers in science and engineering.
    These factors,in combination with the decreasing federal commitment to funding basic research,are what President Jackson describes as "quiet crisis"
    "It is quiet because it takes decades to educate a scientist,mathematician, or an engineer,so the true impact unfolds only gradually,over time", says President Jackson.

    "It is a crisis because the discoveries and innovations of our science and engineering workforce create the new opportunities and industries which keep our economy thriving,provide for our security, and mitigate the global scourges that breed suffereing and global instability."


    Disclaimer: RPI has vested interest in fueling growth in undergraduate technical program. It is a very small private college,focussed exclusively on engineering and science programs.There are no arts or history major offered.





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  • ras
    10-27 07:18 PM
    I had started this thread some time back. And I thought to return back and update you guys what happened.

    I called up the USCIS and changed the address about 4 days back.
    They changed the address and immediately sent the 485 reciept notice to the new address. I recieved it today. Not sure if there was already notice being sent to my previous address and returned back to them.

    But on the reciept notice mail it mentioned that they got this change of address notice and are sending the 485 reciept to the new address.

    So finally it ended up that I got my reciept notice before my travel. I am relaxed now.

    Lesson:
    Update USCIS as soon as you change the address.





    Queen Josephine
    May 25th, 2005, 12:09 AM
    Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).

    Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.





    fcres
    06-27 10:54 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.