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  • sundarpn
    01-02 06:33 PM
    Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?



    I have the same question and a few more:

    I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).

    So what are the problems/implications becasue of this? Are we still on H1b status?

    Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?

    In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?

    I understand that these are very low level questions and better to consult an attrorney etc.





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  • fullerene
    12-18 02:37 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.

    thank you very much. I could not attend the meeting. But I did fax my letter to his Lowell Office.





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  • saint_2010
    07-11 05:09 PM
    Thanks Aah_GC





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  • rajuseattle
    08-14 12:41 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.



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  • Madhuri
    11-07 04:59 PM
    Your exp. MUST be before you joined the petitioning company.
    Lawyer seems to care only about getting fees.

    I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?

    I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:





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  • nozerd
    02-28 11:56 AM
    If retrogression continues Im seriously thinking about retuirning to India in a few yrs once I meet my savings goals. However I have some questions of parents of kids who have been in India/US schooling system.

    1) After what grade/standard do you feel that a child born and raised in USA cant integrate into Indian education system. (I was thinking 1st standard).

    2) What things can we do at home to prepare child for entry into Indian school system from here. Is Montesorri education most comparable to India Nursery/KG ?

    3) Any issues with US born citizen getting admitted to Indian schools (Convent schools - government aided or private). Will it be a competitive disadvantage for US citizens, do they have to pay more fees that Indian nationals ?

    Thanks



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  • gbof
    02-24 01:42 PM
    He has a great array of batting records...

    Some I can think of are..

    Second highest number of ODIs ( 2 more to equal S.Jayasuria)
    Second highest number of tests ( 2 more to equal S.Waugh)
    Most runs in ODIs, Tests.
    Highest individual score in ODI.
    Most number of centuries in ODI, Tests
    Most number of 50s in ODIs.

    The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!

    Congratulations, Sachin!

    One more thing, He CARRIED THE BAT through...congrats





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  • rajuseattle
    08-14 05:31 PM
    raminmd,

    dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.

    He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.

    Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.

    Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.


    Hope this helps you.



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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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  • snathan
    08-25 06:15 PM
    Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?

    You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.



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  • ns33
    06-10 01:24 PM
    You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.

    I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.

    The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.

    You seem to have it all under control. Have confidence in yourself and get the applications sent in.

    Thanks for encouragement,
    It's always scary the first time. : )

    Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.

    Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?

    thanks again,
    NS





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  • GCchakravyuh
    07-17 01:53 AM
    great news.

    new important points:
    1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "

    2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"

    Just hoping that by some miracle tomorrows news is even better than expected.

    BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"

    the celebration of point 1) above gets contradicted by the passimistic fact written at the end of same article : :(
    (((But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive." )))



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  • insbaby
    11-12 10:42 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/sh...ad.php?t=22182

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    Why have you created 56,098 threads on the same topic?





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  • deafTunes123
    09-04 01:28 PM
    My Lawyer sent a letter explaining to port from EB3 to EB2. He attached both the copies of the approved I-140s. btw. my new approved I-140 has the priority date of EB3. Lawyer request to port the PD from EB3 to EB2 at the time of I-140 application.

    He also mentioned the A# no.s in the Cover Letter.
    Also my Approved I-140 has the A# printed in the beneficiary column.

    Hope this helps.

    I am hoping that PD is ported successfully.

    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks



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  • dan19
    02-20 10:30 AM
    Hello all,

    My I-140 (EB3) is already approved through my present company.

    I am about to start the 6th year (final year) of my H1 soon. I want to change my job and apply through EB2 as EB3 has almost stopped moving.

    My case is like this:
    PD: 2002-Oct India/ROW
    Category: EB3
    H1 (6 year ends): June 2008

    My questions are:

    1. First and foremost - can I change my job as I am entering the 6th year of H1?

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.


    Thanks,
    Dan





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  • learner
    09-20 09:53 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



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  • nda050325
    02-12 01:07 PM
    Hi KaylaMarie,
    I will answer your questions to the best of my knowledge:

    ======
    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).

    Good luck with your trials.





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  • ScratchingHead
    09-30 05:33 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,

    If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.

    If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.

    Options:
    1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
    2) Go to your home country and return after 365, but you would be subjected to quota.





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  • sathishav
    03-01 02:07 PM
    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





    jhaalaa
    12-12 04:20 PM
    Folks how are you and where are you all in OK. I am in Tulsa. Here are my details:
    Labor Filing Date: 27 Sep 2002
    Service Center: Texas Category: EB3
    Application Mailed: 22 Jun 2007 USCIS Received Date: 26 Jun 2007
    USCIS Notice Date: 03 Aug 2007 Filing Type: non-concurrent
    I-140 Processing: regular I-140 Approval Date: 30 Mar 2006
    Fingerprinting Date 1: 29 Aug 2007 Fingerprinting Date 2:
    RFE: no RFE Reply Date:
    Name Check Status: pending Name Check Approval/Denial Date: N/A
    I-485 Status: pending Approval/Denial Date: N/A
    Card Ordered Date: Card Received Date:
    EAD Applied: yes AP Applied: yes
    EAD Approval Date: 16 Aug 2007 AP Approval Date: 23 Aug 2007
    Nationality: India





    print0104
    08-28 05:01 AM
    Hello,

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~


    Sonia



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