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  • goldkey266
    03-28 09:49 PM
    Friends,

    I just got my PERM approved and I am debating about next steps of my eb-3.
    it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.

    I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)

    What do you think





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  • fromnaija
    09-01 04:52 PM
    1) can my spouses h1b get 7th year extension based on this?

    no


    2) if not, can my spouse move to h4?


    yes





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  • h1-b forever
    04-15 09:08 AM
    Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.





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  • ss1026
    06-14 09:38 AM
    I have a pending I-140 with a Feb2004 PD which may or may not be approved and I have a Feb2005 PD with approved I-140. Which is a better stragety. Risk with the old PD and play safe and wait long for a GC?


    Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.



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  • fromnaija
    12-12 02:17 PM
    Thanks for your reply

    What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again

    I believe that to convert a full time position to part time, all you have to do is re-file your LCA.





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  • panky72
    06-24 04:51 PM
    A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

    I can't find the document, but he swears that he read it..

    Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.



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  • mkrisa
    08-07 09:34 PM
    Guys, I have some questions?

    Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?

    Please let me know.
    Thanks





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  • vivek_k
    05-07 03:25 PM
    Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?



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  • RNGC
    02-10 09:41 AM
    Thanks..





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  • AD_2010
    09-15 01:18 PM
    Applying AP second time....

    Application submitted online - 09/09
    Possible RFE date - 09/10 ( I didn't check)
    9/11 and 9/12 (weekends)
    Supporting document received by USCIS - 9/13 (Morning)

    Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
    ---------------------------------------------------------------
    On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
    ---------------------------------------------------------------
    Soft LUD on 9/14 and 9/15

    Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.

    Anyone is similar situation?



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  • maheshf
    03-20 10:39 PM
    My lawyer said i need to do I-140 amendment..wondering if its worth it given i may get approval in few weeks. Has any one done such amendment..how does it impact the timeline?





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  • webm
    09-20 11:29 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.

    HTH,



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  • LCSufferer
    04-16 01:31 PM
    Hi,

    Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).

    Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.

    Any ways Congratulations and BOTTMS UP :)

    Wish you a Happy New to you and your family too.

    Dev[/QUOTE]





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  • ValleyCoolie
    02-14 06:20 PM
    Here is my suggestion:

    Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

    If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

    Hope this helps.



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  • immigration_confused
    08-02 11:09 PM
    Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
    He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
    i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.





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  • vikramy
    12-22 01:20 PM
    I did same 4 years ago. You can travel while your H1B transfer is pending.


    1. Can I visit india while my tranfer is pending...???
    Yes you can.

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa



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  • vchip
    08-24 10:08 AM
    Thanks DSLStart and WAIT_FOR_EVER_GC, really appreciate your inputs.





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  • ameryki
    06-18 04:08 PM
    Hi,

    I am on Adv-Parole (with EAD) and planning to visit India in July 2010.

    I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?

    Will appreciate the response.

    Thanks,
    Venu.

    if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.





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  • americandesi
    08-29 01:49 PM
    There is nothing called "H1b transfer" basically every company applies new H1b but it is within quota and you can have multiple companies holding your h1b visa but you can work only for one company on full time rest part time and there is no need cancel H1b, just go and join the company you want to join. Hope this helps


    To work part time, the labor petition for the part time employer should reflect PART TIME hours. You can't have FULL TIME hours on labor and work PART TIME.





    sk.aggarwal
    02-28 10:53 AM
    Got it... Just dont mention anything about H1 for sometime.. if something comes from company/HR tell them you want it done in premium since you (or your wife) might have to visit India soon. If they dont sound keen on doing it in premium, you can offer to pay the premium fee. Most employers dont object.

    Just my 2 cents.

    Best of luck with you job search





    hibworker
    05-16 01:24 PM
    Do i have to leave the country? isnt there another option?

    As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.

    You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.



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