Thursday, June 30, 2011

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  • pd_recapturing
    06-28 09:31 AM
    A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
    Do you know as to why it got denied ?




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  • zCool
    04-02 01:47 PM
    Nothing written in stone but from anecdotal evidence.. NO
    They process 485s according to RD.
    Approval only comes after PD is current though




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  • mdmd10
    08-28 12:33 PM
    hi !
    we have recently finished our finger printing ... can anyone tell me what will be the next step ..

    thanks

    sure...attend the Immigration Rally!!




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  • siva008
    08-15 12:28 PM
    I am currently working with Comapany A with valid I-94 till 09/30/2011(but no visa stamping in passport yet).

    Recently My H1B visa tranfer approved with out 1-94 card attached to approval copy(still I am with Company A only)

    In this case can I continue with CompanyA.

    please help me if any one knows about this case.

    Thanks in advance.



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  • mdy_tvr
    09-26 05:05 PM
    Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.

    Thanks.. I appreciate it




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  • skark
    08-22 11:54 AM
    Does anyone know if the PIO card needs to be renewed or a new PIO card has to be obtained when US passport is renewed?



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  • sashram97
    09-15 03:21 PM
    Hi,
    I-485 filed in july 2007. I-140 cleared in 2005.
    We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
    But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
    How do we proceed with this? Do we have to file labor again?
    Any suggestions would be really appreciated.




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  • GCBy3000
    07-18 09:33 PM
    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN



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  • imh1b
    11-12 02:22 PM
    Do you know Ozone layer depletion is because of Anti-Immigrants?
    These anti-Immigrants are all mostly Jobless people who are incompetent in their jobs. They are lazy fat bums who sit on their a$$ and fart all day from behind as well as from their mouth using hate speech. This has caused too much of harmful gases in atmostphere and have depleted ozone. Their extra weight has sunken many couches and added a lot of broken couches in junkyards. These disposed couches are adding extra weight on the earth and causing earth to sink 1 milimeter every year. A new study will soon be reported in the Onion news.

    :)




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  • salvador marley
    04-29 05:05 PM
    i want to delete it - send it to the recycle bin where it deserves



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  • jsd123
    04-21 09:42 AM
    Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?




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  • jonty_11
    02-12 04:01 PM
    U probably are asking the wrong community...most of the people here are retrogressed...and cannot file i485...so we wudnt know...Ask your question at Immigrationportal.com or immigration.com



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  • nonimmi
    06-15 03:47 PM
    Everyone:

    This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.

    New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.

    Thanks IV.




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  • sbind_77
    09-04 04:52 PM
    March I applied H4 for my wife. It's still pending. She is travelling to India next month and will be back only Feb. Currently she is having valid AP till next yr and we are planning to use AP this time. If you are applying H4 not along with H1 then it'll take longer time, but you can get H4 stamping in India with your husband�s valid H1 document. You don't need to have H4 document for your stamping. One of my friend�s wife similar to your situation got stamping in India without H4 document.

    -Bala



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  • tdasara
    03-25 12:24 PM
    While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)

    Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.

    I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!




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  • fasterthanlight�
    05-21 01:55 PM
    Here's two different versions



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  • kirupa
    07-19 04:35 PM
    Hi jkid,
    Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.

    Cheers!
    Kirupa :)




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  • eastindia
    11-10 08:09 AM
    There was a lawsuit to recapture green cards by Chinese immigrants many months ago. Is there any update on it? Have they lost or won?




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  • meridiani.planum
    05-05 02:08 AM
    inline...
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
    The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.




    balslc
    09-24 08:24 AM
    Hi Experts,
    On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.

    They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.

    Thanks,
    --Bala




    uscisc
    09-10 05:56 PM
    You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

    But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

    In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.



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