Saturday, June 18, 2011

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  • gsc999
    11-14 08:54 PM
    This is the time to channelize all your frustration into positive energy. Yes, we can collective work towards ending retrogression.

    Join your State Chapter today

    Follow the link

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    Come on folks, this is time for action.

    Start working towards IVs goals and you will be glad that you are doing it.
    ----
    Absolutely, join the state chapters and join hands to act. If not than be prepared to wait for a rreally long time for your GCs.




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  • ajcates
    10-12 07:41 PM
    I didn't provide fireworks templates…




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  • mihird
    09-26 04:29 PM
    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

    Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..




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  • amitjoey
    06-09 02:29 PM
    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

    India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!



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  • cessua
    04-05 03:53 PM
    I am in a similar situation, i am on my 5th year H1B ROW and my laywer sent in the I485 before the retrogression started but i still have to wait for the PD to be current.
    I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.

    Advise?




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  • vactorboy29
    02-24 03:24 PM
    I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.

    With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.



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  • sky7
    07-26 10:09 AM
    Dear all...

    I need some advice here...

    Here is my current status:

    **LC filed: Sept 2002, EB2, RIR
    **I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
    ** On 7th yr H1B ext - expires March 2007

    My questions are:

    1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

    I actually asked the my lawyer the similar question, this was her response:

    "There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

    Can I get a second/or more opinions on this?


    2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

    3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

    4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


    I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


    Thanks in advance for ur help

    Sky




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  • Jerrome
    05-21 01:30 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.

    Bump



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  • waitin_toolong
    11-04 09:36 AM
    do a google search on this term you will find more resources




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  • Scythe
    11-11 07:21 PM
    You gave him $800 in return for a $200 prize?



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  • SGP
    11-03 08:44 AM
    Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D




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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)



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  • Templarian
    08-27 05:58 PM
    Shaking My Head




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  • hope123
    12-22 06:05 AM
    Appreciate all of your valuable inputs.

    I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

    If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?



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  • chandra_mb
    07-23 04:56 PM
    Hi,

    The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.

    Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.


    "or other evidence" ... So I think Case status printout + FP notice should be good enough.




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  • knowDOL
    08-23 09:37 AM
    good one.

    Just correct the do to don't, you are all right.
    That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!



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  • sands_14
    07-26 10:55 AM
    i guess it wa




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  • msp1976
    03-09 03:31 PM
    My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.

    Whether he can use earlier PD for EB2 (I-485).

    Please share your knowledge.


    Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

    If he is EB2 ROW then go with Nov 2006...


    In any case please tell your friend to join IV and contribute to IV.....




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  • amitjoey
    06-14 01:39 PM
    Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.

    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.




    inskrish
    07-16 08:37 PM
    hey inskrish,

    you should be getting a welcome e mail any day now!
    where's the party man?

    Paskal,

    Thanks for your words. You will be the first one to get a party from me, when it happens.:p




    cheg
    08-29 10:24 PM
    If I were you I would just do paper-based application for I-765. I just checked the pdf file and it doesn't have any questions that one would have a hard time answering. Just fill it out and fed-ex it. :) That's what I will do once I keep on renewing my EAD.



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