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  • casinoroyale
    08-22 12:01 PM
    I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?

    In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.


    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet





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  • kumar1
    11-24 12:57 PM
    IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?

    Gurus, can you please let me know your opinion on the below item? thanks a lot.

    I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?





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  • kaisersose
    12-18 04:29 PM
    I do not have links, but I have heard of 140 approvals being called into question during 485 adjudication. Some have resulted in 140 denials at that point.

    So a 140 approval is not carved in stone...it is reversible.





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  • arunkotte
    02-14 04:14 PM
    MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.



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  • coolpal
    02-06 10:20 AM
    We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
    my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...

    Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...

    I am hoping this is only normal, and there are others out there in the same boat as mine...
    Am I wrong in assuming so? Let me know if there is anything I should do?

    pal :)





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  • asanghi
    07-17 06:44 PM
    Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..

    Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.

    In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?



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  • adiboss007
    04-16 01:29 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.

    read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :

    http://murthy.com/mb_pdf/032108_P.html

    -a





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  • willwin
    08-11 10:55 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.



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  • lkapildev
    02-07 08:28 PM
    YOu will get your GC. I'm positive. For me all my docs like AP, EAD etc had same status and i got the physical card and ap.





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  • Steve Mitchell
    November 21st, 2005, 07:51 PM
    This one...I sharpened it. Hope you don't mind.

    I was afraid to sharpen them too much. I thought that would too make much noise.
    Which one you like best Steve?



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  • raysaikat
    06-22 10:47 AM
    For I-485 Applicant, it is not of much significance.
    At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.

    So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.

    Please post your experience afterwards.

    S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.





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  • beautifulMind
    05-03 07:06 AM
    I have still not received the approved I-140. I am hoping it would have the old date since I request priority date transfer.



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  • ajju
    08-31 01:29 PM
    I'm a Jul 02 filer and I received the 485 and 765 notices recently.

    However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?

    Thanks..

    I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...





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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it



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  • LostInGCProcess
    11-12 02:25 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).





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  • bestia
    07-16 10:52 PM
    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.

    -C.

    He will not lose his job. He will be criminally prosecuted.



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  • mars
    07-15 04:25 PM
    Hi,

    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?

    Also what's the general processing time for H1 Extension.I mean how many days does it take..

    Mars





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  • Bush
    03-03 09:45 PM
    Helo Indiana Guys/Gals,

    Can we have some get together.If some member is in Indianapolis.Pl contact me 317-225-4349.





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  • parablergh
    08-27 02:55 PM
    - just a note - I would also strongly recommend filing your spouse's AOS as soon as possible (once current). Please note that this should be done prior to receiving approval for your Adjustment.





    glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,





    Bimmer740i
    07-21 09:54 PM
    Yes you can.

    My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.



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