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  • meridiani.planum
    10-07 05:32 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

    had asked my lawyer this question a while ago. his answers were:
    - its still possible to extend H1.
    - depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.




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  • msyedy
    01-10 02:06 PM
    Hey BacktoSchool

    If you have EB3 2002 labor approved( I have not seen that in your post) now.
    If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
    Get I-140 of both EB3 and EB2 labor approved via premium.
    USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.

    Think on this, ask your employer and lawyer, couple of my friends are doing this.

    In max six months time you will be eligible for I-485




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  • peacocklover
    10-25 04:20 PM
    Situation: approved I-140 (EB-2), getting close to 5th year of H1B.

    questions:
    1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
    2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
    3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?

    thanks.
    learner

    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.




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  • satyab7
    04-26 03:15 PM
    Keep up the good job guys ....



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  • delhiguy
    07-02 03:42 PM
    USCIS taught me a lesson about life.

    Never go by rules. Find shortcuts.

    So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut




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  • sapota
    08-24 02:53 PM
    Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?

    Why would they discriminate ?



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  • Calouste
    08-01 08:06 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture

    I don't think the main goal of Ms Lofgren is to lower the fees. She tries to find out what USCIS is going to do with the extra money, something they haven't been clear about. If it was about the fees, she could have proposed this bill weeks ago. The timing (at the last day the old fees were valid) is intended to put more pressure on the USCIS, because they will have to start refunding applicants if the bill is approved and they don't provide the information asked for.




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  • Chicago Desi
    08-18 03:00 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.

    Another way to milk money off of legal immigrant cash cow.



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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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  • deecha
    07-16 09:45 PM
    deecha is looking for a deig!
    What's a deig ?



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  • xlr8r
    09-28 09:31 AM
    I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

    It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.

    Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
    Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?


    -------------------------------------------------------------------------------------------------------
    Contributed $200 towards advocacy.




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  • Dhundhun
    06-21 03:49 PM
    I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

    I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

    I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

    Thanks

    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.



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  • freakin_gc
    03-12 07:41 PM
    Businessweek bro

    pointlesswait-

    How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?

    Thanks.




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  • smc
    08-01 06:22 PM
    This guy has a new immigration bill on the anvil; may be worth asking him what he has in store for EB immigrants.

    SPECTER TO TOUR PENNSYLVANIA IN AUGUST
    Will Hold Open House Town Meetings throughout the Commonwealth

    Washington, D.C. - U.S. Senator Arlen Specter, the longest-serving senator from Pennsylvania, will visit all regions of Pennsylvania during the U.S. Senate�s August recess. His visits will include Open House Town Meetings in which constituents are invited to discuss issues important to the region, the state, and the nation. Senator Specter will address the audience briefly and devote the remainder of the hour to responding to residents� questions and concerns.

    Members of the media are invited to attend the events listed below, including the open house town meetings. Following the events, Senator Specter will be available to field questions from the media on a variety of topics.

    Below is list of the Senator�s public August events:

    DATE/TIME EVENT/LOCATION
    Monday, Aug. 6
    9:00 am Address the County Commissioners Association of Pennsylvania
    York Expo Center, York

    10:15 am Open House Town Meeting
    Gettysburg College, Gettysburg

    2:15 pm Open House Town Meeting
    Wilson College, Chambersburg

    5:55 pm Huntingdon County Fair
    Fairgrounds Access Road, Huntingdon

    Tuesday, Aug. 7
    7:30 am Breakfast with Rotary, Kiwanis, and Chamber of Commerce
    Lewistown Community Center, Lewistown

    9:45 am Open House Town Meeting
    Susquehanna University, Selingsgrove

    1:30 pm Receive award from Geisinger Health Systems
    Geisinger Medical Center, Danville

    3:20 pm Open House Town Meeting
    Lock Haven University, Lock Haven

    Wednesday, Aug. 8
    8:00 am Open House Town Meeting
    Courtyard Family Restaurant, Smethport

    10:30 am Open House Town Meeting
    Antlers Inn, Gaines

    1:30 pm Open House Town Meeting
    FWM Volunteer Fire Company, Mehoopany

    3:45 pm Open House Town Meeting
    Wayne County Courthouse, Honesdale

    Thursday, Aug. 9
    8:30 am Open House Town Meeting
    Monroe County Administration Bldg., Stroudsburg

    10:30 am Open House Town Meeting
    Forks Township Community Center, Easton

    Monday, Aug. 13
    11:15 am Open House Town Meeting
    The Harmony Museum, Harmony

    3:00 pm Open House Town Meeting
    Thiel College, Greenville

    Tuesday, Aug. 14
    8:00 am Eggs and Issues with Manufacturers� Assoc. of NW PA
    2171 W. 38th St., Erie

    11:00 am Open House Town Meeting
    U. of Pittsburgh � Titusville Campus, Titusville

    3:20 pm Open House Town Meeting
    New Bethlehem Fire Hall, New Bethlehem

    Wednesday, Aug. 15
    8:30 am Open House Town Meeting
    Indiana University of Pennsylvania, Indiana

    11:40 am Ag Progress Days
    Rockspring

    2:00 pm Open House Town Meeting
    Devorris Downtown Center, Altoona

    3:45 pm Open House Town Meeting
    St. Francis University, Loretto

    Thursday, Aug. 16

    11:00 am Open House Town Meeting
    Seton Hill University, Greensburg

    2:15 pm Open House Town Meeting
    California University, California



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  • saps
    01-26 12:42 PM
    Very helpful.




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  • The7zen
    03-24 02:23 PM
    ...looks like you are in a tough situation...try to get a H1B transfer ASAP, i know its gonna be tough in this market, but don't loose hope and keep trying...Good luck.



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  • camarasa
    08-01 08:07 PM
    It's Mrs Lofgren not Mr Zoe...




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  • chanduv23
    09-14 02:13 PM
    You cann decide now, and make it to DC

    JUST FOLLOW YOUR HEART




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  • vegasbaby
    02-23 12:40 AM
    I have similar question about EB2 and experience with current employer

    I came from China, so EB3 are really bad comparing with EB2

    As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?

    Will that be some problem, or is it legal?


    Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.




    raffu001
    01-31 11:22 AM
    While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.

    Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.

    Thanks in advance.




    msp1976
    01-11 11:34 AM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks

    No ..There would be no problem...
    In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...



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