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  • dealsnet
    06-17 08:28 AM
    You can extend H1B, if your labor was approved before I-94 expiry date. If it happens, do premium for I-140 (15 days), with approved I-140, you can extend upto 3 years.




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  • texcan
    03-02 12:02 AM
    Hi,

    Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

    I already requested my ex-employer not to revoke my H1B.

    My questions are �

    1. How much time I will get to transfer my H1B ?
    2. What about my families H4 visa status ?
    3. If it is out of status issue , then what should me my immediate action ?

    Thanks in advance!

    There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.

    Now since you have already applied for transfer, it makes more sense to wait for result/approval.

    you family's h4 status is tied with your h1 status.

    IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.

    HTH and sorry to hear about layoff. Hope it will work out for you.




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  • Green.Tech
    04-17 12:19 PM
    My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.

    My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?

    kriskris,

    IMHO, I don't think it matters. In the end, it is the IO's decision. There are no guarantees either way, and similarly there should not be an issue either way. Personally, I would want all three to be standing at one counter than at different counters.




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  • visa_reval
    04-05 04:23 PM
    I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.



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  • arrarrgee
    07-18 10:40 AM
    Diggggggedddd :D

    Dugg!:)




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  • indianabacklog
    12-04 06:50 PM
    A wife of one of my colleagues got her green card through marriage. They have now been married for over eight years and she simply visits at least once a year and on at least three occasions has only visited for a weekend.

    This gives you a good idea how little time you have to be here without losing your permanent residency.

    I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.

    If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.



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  • yabadaba
    06-24 12:42 PM
    bump^^^^




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  • nikunj007
    03-11 01:48 AM
    applying for multiple petitions with multiple employers is, as of now, legal. Even if they can track those applications, they can not just reject on the basis of multiple petitions. But, it may be difficult to convince it during the interview..



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  • tdasara
    02-11 09:06 PM
    My passport was supposed to expiry 1/2007. I made 2 trips outside US (Canada and India) and while entering both the times my I-94 was dated till 6/2008 my H1b expiry.

    I now have a new passport and so see no issues.

    Infact my H1b visa was stamped beyond the expiry of my passport so I'll have to carry both my passports with me.




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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)



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  • GCWhru
    07-16 02:50 PM
    "Processing Date" means thay have touched all the files before that - from approval point of view (this is not just FP or Name Checks). This could be like - officer has seen every page of application and put his remarks related to approval.

    They also continue to work beyond Processing Dates - our experience with EAD proves that.

    Thanks for your reply. If the processing date is July 17, on what basis they are selecting files which has reciept date July 30, Is there any exception for Current cases? If the case is current, they can pick that file regardless of receipt date (not considering processing date)?




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  • indygc
    12-22 12:24 AM
    Thanks guys for all your inputs.

    God bless redcard & IVG*..give them some peace.



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  • p_aluri
    04-01 05:38 PM
    I am sorry to hear about your situation.

    Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.

    Did you try utilizing AC21 as your 140 approved and the 180days crossed?

    Again I am not a lawyer, please talk to experienced attorneys.

    Thank you,
    Aluri

    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..




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  • rb_248
    10-16 08:05 PM
    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.



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  • ivorycard
    10-17 09:27 PM
    I had a conference call with the leading law firm.

    He confirmed that, as long as the first two numbers falls under the same category/domain, the job changes is good for AC21. The sub-categorical numbers do not matter.




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  • visli_com
    06-19 05:58 PM
    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????


    Is it possible to give these medical certificate(MMR/Varicella) from India?



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  • kirupa
    01-02 12:56 AM
    Oh, I wasn't planning on banning any AS1 projects. I don't really care which version of AS people use. Sen could probably use AS4 if he wanted to!

    I was just curious to know if our canadian friend was thinking of using AS1.

    :P




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  • shivarajan
    01-23 01:41 AM
    in for a contribution!




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  • shx
    10-17 12:10 PM
    I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.




    sroyc
    11-09 01:53 AM
    I'm interested in being part of this group. I realized last weekend that I'm not so great at handing out flyers and reaching out to random people.

    I would rather spend my time on things that I'm good at. I can help with writing, analysis, drawing, etc.




    sunny1000
    11-19 06:10 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

    Thanks in advance.



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