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  • bekugc
    03-04 04:46 PM
    hello;

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks





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  • snathan
    03-23 08:04 PM
    Hello,

    My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.

    My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.

    Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?

    Thank you,


    Team

    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?





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  • whitecollarslave
    03-20 08:38 PM
    Why you wanna get arrested :D

    Can you explain how/why a peaceful rally and/or a fast will get somebody arrested?





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  • Dr Phibes
    June 25th, 2006, 03:38 AM
    Cheers Mark

    As I suspected, it is on the sensor.
    I have just run though the mirror lock up procedure, and I was OK with that. I'll take a look at the sensor with a magnifying glass, see if I can see the spec. Failing that, I'll get down to the specialist.

    All this does make me wonder if th DSLR route was wise http://www.dphoto.us/forum/images/icons/icon9.gif



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  • harsh
    01-05 02:14 PM
    To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.





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  • jgh_res
    07-18 11:09 AM
    You need to bump this thread zillion times, before you get like 100 contributions. People are busy filing for 485 now and later on busy waiting for ead's and later on busy getting their infopass appointments and the list goes on... forever.



    ^^



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  • casinoroyale
    01-31 02:18 PM
    Ok, this is a tough'ie.

    You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).

    That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.

    Consult a lawyer before you take any step.

    Thanks.





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  • mallikonnet
    07-19 11:12 PM
    Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

    we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

    The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

    Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

    I think we have a looooooooooong road ahead to get our GC......



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  • meridiani.planum
    11-26 02:57 AM
    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.

    yes you can. Since your PD indicates your LC is >365 days old.
    new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.





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  • Kushal
    07-17 01:53 PM
    Not a single contribution by anyone....

    I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...


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  • alterego
    06-21 10:27 PM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.





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  • eastindia
    09-09 10:23 AM
    Very good question. Depends on how one defines "Active":D

    Some people can be awake while sleeping and some people can be sleeping while they are awake.

    The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D



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  • tampacoolie
    07-21 09:00 PM
    I did a very similar thing.

    My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.

    Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).

    I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.

    My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?





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  • vkannan
    08-14 07:26 PM
    i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
    so anyways...I dont care a **** but this is imperialist

    After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....



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  • eyeopeners05@yahoo.com
    05-01 10:07 AM
    Thanks guys for all your responses....

    I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.

    However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?





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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex



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  • martinvisalaw
    06-12 05:18 PM
    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.

    Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.





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  • rkat
    02-06 11:56 AM
    Thanks everybody for your help.!
    Ebizash - i would appreciate it if you please post some of info. or PM it to me.

    Greatly appreciate all ur help - everybody! Thank you!





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  • pani_6
    07-03 06:24 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..





    aadimanav
    12-11 03:54 PM
    Thanks for everyone who replied.

    What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?

    Any experience holder?

    Thanks,





    jonty_11
    02-05 02:27 PM
    This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.

    Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?



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