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  • PD_Dec2002
    07-06 11:19 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave

    Answers to your questions.
    (a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
    (b) No.
    (c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

    Good luck

    Thanks,
    Jayant





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  • needhelp!
    03-10 03:00 PM
    What is FOIA?
    Freedom Of Information Act

    See this: http://immigrationvoice.org/forum/showthread.php?t=22037





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  • mohitb272
    03-20 06:29 PM
    Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.





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  • newbie2020
    06-11 06:08 AM
    This would help people who have used the H1 to the sixth year, and cannot recapture days to apply extension before they can use the 365 days clause from Aiyates memo. I know few



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  • johny120
    08-23 11:14 AM
    I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:

    1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

    2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

    3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?

    Thanks in advance.





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  • 140jibjab
    01-08 04:36 PM
    When you go to get social security # with I797 the Buddas/Buddis at the counter wil ask for the Passport and Stamping..... and just the 797 will not suffice....



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  • nlssubbu
    07-19 12:24 AM
    How will you get the papers signed without them being here? You also need recent passport size photos of them as well for AP document.

    You can differ filing EAD and AP at a later date.

    Thanks

    PS: I am not an attorney and please consult with them.





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  • kurtz_wolfgang
    08-14 11:39 PM
    Hello Gurus,


    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.:confused::confused::confused:



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  • cagedcactus
    11-01 07:07 AM
    WD many thanks for arranging yesterday's meeting. Truly informative and very much helpful.
    I thank the core on behalf of Michigan group, and truly appreciate the time they are putting into this.
    We will not let you down. we will fight at local level until this monster is brought down.
    Those who havent joined yet, please do so right now. Do it for yourself, and your family.





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  • cagedcactus
    10-31 10:58 AM
    For those who are new to the forums, please contact Walking_dude to sign up for an active membership in Michigan chapter. We all need to join hands and go to work. We have core members standing behind us, ready to back us up on various issues regarding backlogs and other immigration issues.
    Help us help yourselves.....
    Rise now, its now or never....



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  • bfadlia
    01-29 10:55 AM
    Dear sansas,

    We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.

    Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.

    Thanks

    Able/willing!!
    Look how EB process affected our life.. Labor certification terminology now feels so natural to us





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  • Leo07
    06-18 04:52 PM
    But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?

    Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.



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  • hopefulgc
    03-08 12:57 PM
    AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
    Move fast, start a PERM and see if u can lock in a date.


    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.





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  • thomachan72
    03-07 10:33 AM
    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.

    ?



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  • sk2006
    07-05 06:56 PM
    Bull***t!

    What makes you think so?





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  • CaliHoneB
    01-24 03:10 PM
    May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
    Eb3 China received 3676 vs Eb3 India 3036.

    is this difference because of the number of dependents? Any comments?

    Cheers



    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.



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  • StuckInTheMuck
    07-15 01:08 PM
    If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.
    I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.





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  • sumant18
    07-17 10:05 PM
    How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?

    I just got lucky..it was the second time I called on the same day. First time I jiust got one more SR (4th one). the next time I called about 2hrs later I asked her the status of my 2nd SR and told her the whole saga of how long I have been waiting and about my PD becoming current blah blah....

    I have told the same sob story many times but this lady seemed to go the extra mile and put in an "expedite" request. She herself volunteered for that and told me that I would hear back in 5 days which I did. I opened the SR last Friday and I had this letter in my mail today.

    Just keeping fingers crossed and hoping the notice comes thru.

    I will keep you guys posted on what happens.





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  • wandmaker
    09-03 03:33 PM
    what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

    Any pointers would be highly appreciated-

    thnx
    -A

    You loose your PD. BTW, please update your profile.





    flresident
    04-08 01:55 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.





    snathan
    04-14 08:54 PM
    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?

    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.



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