Wednesday, June 8, 2011

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  • bestin
    12-21 08:28 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance

    Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.

    If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.

    Good luck





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  • indianabacklog
    01-03 01:04 PM
    Yes she not current visa status :-( Thats why I am worried about her travel plan.

    If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.

    If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.





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  • ImmiLosers
    01-09 07:48 PM
    Hi,

    I am in a unique situation, any advise/help would be appreciated.

    My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).

    However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.

    So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?

    Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?

    Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet


    Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
    People have no jobs and you are talking about several offers;)





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  • pappu
    05-27 02:52 PM
    sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.

    Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.

    From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
    Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.



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  • diptam
    08-13 02:57 PM
    Mine reached at 11:34 am & signed by B GERKENSMEYER - Nothing so far.

    Why you should file again ?

    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?





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  • kart2007
    01-17 10:34 AM
    All the metros are crowded in India. Bangalore & Pune have more IT opportunities and have good schools.

    I second that. Pune has great education and not as crowded as Bangalore, but you can't go wrong with either place.



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  • ameryki
    06-18 10:16 PM
    I sent the following:

    1) Confirmation Receipt of application
    2) Copy of I 485 receipt
    3) Front and back copy of current EAD card
    4) A copy of the cut out that the current EAD came in

    I don't think you need anything else. If you look at it theoretically I-94 and passport, drivers license has nothing to do with an EAD card approval or denial.





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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.



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  • wizkid732
    08-25 10:44 AM
    Thanks for the reply, the wait is painful. Itls like a detention without trial :-)

    when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.

    i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.





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  • CRAZYMONK
    09-27 10:56 AM
    You have to file PERM again also I140



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  • 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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  • vali
    11-15 11:01 AM
    Vali:

    USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.

    When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.

    thank you very much, I understand now exactly what that means.
    thank you all for your time and patience.
    Good luck to all of you,
    Vali.



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  • GCSOON-Ihope
    10-30 03:55 PM
    Same aberration here!

    My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
    Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
    Anyone has any idea of what this means or is it just another "glitch" of their crazy software?





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  • supender
    09-29 08:35 AM
    thanks



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  • jcrajput
    12-31 09:26 AM
    Thank you for your help. I really appericate your response.
    I have one more question. How I can apply for AP? How long AP is valid for?





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  • pkak
    07-23 07:53 AM
    Rs 1500 Laptop to be launched soon | Bharat Chronicle (http://www.bharatchronicle.com/rs-1500-laptop-to-be-launched-soon-7672)

    The cost of the material, which worked out to $47, was brought down after a massive exercise, including a 50% government subsidy.



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  • EndlessWait
    12-14 11:17 AM
    if so then its tough





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  • boom
    08-11 01:21 PM
    Thanks for your prompt reply.

    My I-94 has already expired .So should I put that validity date??

    I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.

    Thanks again





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  • Humhongekamyab
    08-21 11:08 AM
    EB-2, 140 approved, December 2005. File trasferred to TXSC last week.





    indigokiwi
    05-20 03:32 PM
    What exactly does "OP" stand for?





    baleraosreedhar
    11-09 02:50 PM
    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated



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