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  • gandalf_gray
    06-02 10:13 AM
    Kaiser.
    thx for replying . but I do not want both Visa on Oct1.

    My L1 ends sometime in mid September.
    My H1 would be effective only from Oct 1.
    So, during this time I will be out of status right ?

    So if I do my L1 Extension, I might solve the problem.
    But Will doing that affect the approved H1 ?

    Pls. help. thanks.





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  • KKtexas
    05-05 11:32 AM
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  • pkv
    02-07 12:22 AM
    Hi,
    Need help with your knowledge here...

    Read all the posts but Couldn't find exact information; so had to start a new thread.

    I've received my 485 receipt Notice, which I filed in July last year and FP is also done. I didn't file File for EAD or AP along with I-485. My case is in TSC.

    Now I want to file for EAD and have a few questions?

    1. Can somebody guide me how can I file EAD on my own without using lawyer? What fee wil be applicable on this application?

    2. I've a valid H1B from current employer who sponsered my GC. If I change employer using this EAD and go out of country sometime later, do I need AP to enter back in the country? or H1B would work??

    3. What status would my spouse(currently h4) be on after I start using EAD?

    4. is there in difference in processing time between e-filing and paper filing?

    Thanks,





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  • somegchuh
    05-24 03:46 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?
    6. With AC 21 gone will you be able to join new employer based on H1 receipt?



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  • dollar500
    11-19 06:14 PM
    That has happened to me too. It's ok. I looked at the reciept notice and the date is the original reciept date not the one mentioned in update. Don't worry. If you are really concerned call your lawyer.

    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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  • indianabacklog
    07-30 10:11 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
    Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.



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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.





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  • qualified_trash
    06-09 10:34 AM
    I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

    The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

    I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

    I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."



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  • h1techSlave
    07-30 10:27 AM
    For the next conference call, may be we can pool together some common questions and a couple of people can ask them during the call.





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  • Refugee_New
    03-24 02:30 PM
    Now everything is queued..... no more cutting lines.

    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.



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  • vandanaverdia
    09-10 01:42 PM
    Trying to keep this thread alive....





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  • adusumilli
    10-16 06:23 PM
    I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.

    I had lud's on same dates after fp as yours, I really don't know what it means.



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  • Munshi75
    08-08 06:47 PM
    include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.





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  • immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    No
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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  • dcrtrv27
    11-13 07:59 PM
    I got the follwing form web site...Has anyone heard of trying this path?
    I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(

    USCIS Expedite Criteria
    USCIS Expedite Criteria

    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    Severe financial loss to company or individual
    Extreme emergent situation
    Humanitarian situation
    Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    USCIS error
    Compelling interest of USCIS
    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.





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  • anoopraj2010
    07-30 11:11 PM
    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?



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  • harrydr
    06-29 08:01 PM
    Any more replies/discussion would be very helpful. Thanks.

    The main question is, would this affect my current H1B and approved I-140 or would this be a separate case?





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  • Leo07
    05-14 02:53 PM
    Bump^^^^^^^^^^^^^





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  • acecupid
    02-25 12:57 PM
    LoL. No wonder she got caught. She is not only a thief, she is also stupid.
    :rolleyes:

    Whenever people post for their friend mostly likely its their own story. Good observation indeed.





    jcrajput
    06-09 12:14 PM
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    Trinity79
    04-08 05:31 PM
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