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Thursday, June 30, 2011

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  • theshiningsun
    12-14 08:27 PM
    hi attorneys,

    i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.

    once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?

    pls. note that I-485 is not filed, so i cannot invoke AC-21.

    thx in advance,

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  • mr_aryan
    10-21 11:17 AM
    Apologies for any inconvenience caused by this thread.
    Does 1 require a UK Visa if they are travelling on British Airways? As i have my parents travelling from India to USA on British Airways(they have Multiple B1/B2 US Visa)..
    Spoke to BA &they advised me to speak to UK Consulate.:(
    Any info be helpful.

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  • Jayakamal
    12-22 04:15 AM
    Dear Thambi,
    Thanx Very much for the advice.
    Hope it would help.Keep up the good job.
    Great Site & Great Suggestions Too..
    Thank U

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  • YetAnotherDesi
    09-04 04:35 PM

    I have the following situation, any help/pointers is much appreciated:
    - Have EAD (expired Sep 2010). H1B expires Dec 20, 2009.
    - I was informed sometime back that I am going to be laid off mid September (next week)
    - I am expecting another job offer (interview went well and most likely will get the job) and plan to start at that job late September / eraly October 2009.
    - The new offer that I am expecting to get is for the position of Senior Software Engineer, whereas my previous position (where I will be laid off from) was Software Engineer.

    So, my questions are:
    1. Is it still possible to transfer my H1B visa even though I expect a gap of atleast 2 weeks between the two jobs, or is it better to switch over to the EAD?
    2. Will it be a problem for my pending 485 application if my position changes to Senior Software Engr? (although the responsibilities in both positions are about 95% similar, few more responsibilities as a Senior Eng, thats all)
    3. If I end up changing over to EAD, what next steps should I do (wrt keeping my 485 applicationb alive and to inform USCIS that I have switched over to EAD).
    4. A few months before I got the notice of layoff, I got engaged to a woman in India. I would have preferred to get married by end of the year (would have applied for 1yr extension of H1b) so that my wife could have come over on H4 visa. Now, if I switch over to EAD, what are the options of bringing my (to be) wife over? Is this going to be a problem?


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  • Tushita
    01-03 03:23 PM

    I-765 and I-512L were issued months ago but there is no news yet for I-140 and I-485s yet for the ones applied in June 30, 07. Any idea?? Would be a great help.


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  • snathan
    04-19 07:11 PM
    I got an email from a reporter at the Seattle Business Magazine who is writing an article on the lack of Immigration reform in the United States and how that is adversely affecting innovation and job creation.

    The magazine in question is definitely not a major publication, however I think its important to highlight our case wherever possible.

    Is there a 'Media Kit' on the lines of "meet your lawmaker kit' ? I looked at the "contact media" link on the home page but could not find anything.

    I would be grateful if someone can point me to the relevant material, or if someone is willing to share their experience in talking to the media.


    Please contact Star Sun


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  • willigetgc?
    03-04 10:00 AM
    The sad part about the Brokow's report is that he focused on H1B issue and not the real problem which is the green card issue.

    Yes, people come on H1B - however, for those immigrants to put down the roots, it has to happen through green cards and not H1B extensions (neither one of which was mentioned in the report). I am not sure if this is a two part series, but it should be.

    IV members should write to MSNBC Nightly News to do a more in depth story on immigration problems of the high skilled immigrants.
    NBC Nightly News: Contact us - Nightly News - msnbc.com (http://www.msnbc.msn.com/id/41625923)

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  • Santosh_gc
    07-19 03:36 PM
    Hi all:

    I entered the country on Advance Parole and so now I am on EAD status because of that.

    I am on my 8th year of extension. My H1B was valid till 2009 but now it is not because of my EAD. Its been more than a year since I applied for 485 and My I-140 has been approved.

    Q.1 Can I join another employer based on a new H1B so as to reinstate my H1B status? I plan to file for AC21 if I change employers.

    Q.2 Can I apply for a new H1B with my CURRENT employer based on my current job?

    I would really appreciate your input.

    Thanks in advance.



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  • sutki72
    02-14 05:22 PM
    who does not help you DOM?

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  • sandiboy
    07-20 02:50 PM
    maybe this question has been asked before, I just couldn't find the thread.

    These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?

    If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.

    Do I understand correctly?

    Is this fair, though?

    There is already a thread open for it. Please read it.

    Moderator, please close this thread


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  • mchatrvd
    06-30 10:34 AM
    I have never been to the meeting but will like to attend one if scheduled in future. i think its high time our Chapter schedule meeting with Senators/Congressmen in this area including MD, VA and DC. The President has started the immigration reform initiative and it is right time to make the lawmakers aware of our EB issues. Let me know your thoughts.

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  • tinuverma
    03-16 11:48 AM
    Earlier I user Sankar Shetty. He is good. I don't know of these two.
    His number is: 212-594-6657
    He is in NYC, not NJ..sorry.


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  • Juan28210
    11-14 03:11 PM
    What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.

    1. Is there a rule that the experience should have been gained outside of the US?

    2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?


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  • java06
    02-11 04:40 PM
    I have a valid AP approved on Oct 13, 2007. The H1B visa stamped on my passport expired in Mar 2007. I have a valid one year H1B approval till Mar 2008. I do not have the original I797 approval notice but have a scanned copy of it. Now if I have to travel out of country in July and enter back on AP will there be any trouble at the POE with not having the original approval notice of last H1B.
    Any inputs will be appreciated. Thanks


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  • skolagotla
    04-07 12:03 PM
    Are there any risk factors involved in changging the job by invoking AC21 ??

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  • chasingdream245
    03-01 11:07 AM
    Hi guys,

    I hit a road block lately with my new H1B application. I'm on extended OPT and filed for my H1B in regular processing in the month of Sep'10 while working for a Client A. The Client A could not provide an Client letter during that time. My employer has then proceeded with a letter from my Prime Vendor . Then, unfortunately after 1 month of filing my H1B, my contract with Client A ended and I moved to another contract with Client B. Now, USCIS had few questions with Client A because of missing client letter and gave a RFE on my case. My employer then responded with an amendment petition to the RFE with the new Client B and also provided a client letter from Client B this time around. But, unfortunately USCIS has rejected the amendment petition and stated they are looking for Client A stuff as the primary H1B application has listed Client A and now, I just received an update that my H1B has been denied stating the same reason that USCIS is still looking for response to the query on primary client (Client A). I'm really struck now as my employer is in no mans land whether to file for a MTR or not, fearing that USCIS might not change the verdict because they might still look for Client A letter.

    I need your valuble advice in this situation ASAP.


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  • panky72
    07-14 05:55 PM
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
    2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if somebody can provide some insight regarding the same.
    Saket Kapur

    Hi Saket
    you can file for her I-485 only after she is done with 3 yr J-1 waiver requirement. As far as your second question I don't know the answer.
    Good luck.

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  • edaltsis
    10-08 04:25 PM
    As you will have a valid H4, you can try using H4 at the port of entry but it doesn't matter even if you use AP. If the Officer at the PoE objects or raise questions pertaining to your work status then you might want to use AP. Your status will not affect your spouse (or entire family) Green Card process.

    Your status depends on your spouse's status. If your spouse is on H1B; you can always convert your status to H4 even if you use AP at the port of entry.

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  • ektha123
    12-12 03:11 PM
    we applied for ap in octoer and the receipt date is oct 24.we have approved H1 .can we go to mexico and have stamping before the ap approves.please suggest me.

    07-11 04:03 PM
    I have

    EB3 140 approved for June 2004
    EB2 140 approved for May 2006

    My lawyer said that they will file a petiton to apply my EB2 status to my EB3 dates as soon as dates for EB2 cross June 2004

    But now, In this August VB , My EB2 became current .
    What I did not anticipate was the huge 2 year+ jump in EB2 dates

    My 485 was filed in July 2007 and shows the status pending since then.

    I asked my lawyer which 140 did he use to apply my 485 and he says "Both"

    I am confused with a couple of things

    1. Is it possible to file 485 by sending in both 140s. I asked the lawyer and he said that NOW since the date has jumped more than 2 years it is not advisable to file petiton to move dates .:confused:

    2. If I call USCIS , will they be able to tell me which 140 was used to file my 485:confused:

    07-03 01:12 PM

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