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  • kondur_007
    07-26 08:31 PM
    I agree with the post above.

    I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.

    What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.

    Good Luck.





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  • waitin_toolong
    02-22 10:36 AM
    Not only Marriage. Even father, mother close relative has 3 year wait

    not true.

    And it is 3 years for spouses starts after 2 years of conditional residence





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  • mbawa2574
    08-21 06:22 PM
    ??





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  • poojasjain82
    02-04 04:01 PM
    Hi,

    I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

    Currently I am on H4. And there is a gap in employment since March 2009.
    I have got an offer now and employer will take care of my H1.

    I need to know what is the process of H4 to H1 in this case.? Can anybody help me
    How much time does this change of status takes place?
    The H1 now will be valid for how much time?
    Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
    Is it not recommended to move out of the country till status is changed from H4 to H1.

    Please somebody reply. Its urgent!

    Thanks in advance
    Pooja



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  • Templarian
    10-31 11:34 AM
    Nice.


    That's amazing. I never met anyone who could bite through the skin of a pineapple.... really? :trout:





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  • alterego
    12-10 07:05 PM
    I know many people have been applying and reapplying for EADs and renewals.
    I am trying to see if I can figure out any trends in how they are selecting cases for 2 yr renewals.
    Please post your EB category, PD(month/yr is adequate), and approved EAD length. If we get sufficient responses perhaps we can see any trends.



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  • wandmaker
    08-24 11:45 PM
    A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
    Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
    Since he is born in India so reluctant to file under EB-2 due to endless wait.

    Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.





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  • eb3_nepa
    06-08 10:59 AM
    i dunno abt May 2001. But here is the prediction for Eb3 India being current.
    ..
    ...
    .....

    NEVER!! :p



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  • ups
    10-29 02:18 PM
    I didn't file AC21 but got GC. So I also say don't file until you get RFE





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  • gcgc2005
    12-17 10:31 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    "
    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
    "



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  • nychyd
    01-05 06:01 PM
    My H1B was filled 4 years back, with 20k less than what I am making now...so as long as i making whatever i filed in H1, I should be fine..right ?

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.





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  • lonedesi
    12-17 12:35 PM
    Administrators?

    Why this is not coming in the front page?

    Is this posting wrong?

    Thank You....


    We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?



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  • sem_us
    01-27 11:37 PM
    Hello,
    I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.

    Current Status: We mailed you an amended notice.

    On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Thanks in advance.

    Hello,
    I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.

    Current Status: We mailed you an amended notice.

    On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Thanks in advance.





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  • solaris27
    02-03 10:03 AM
    you can do it yourself or take help from any tax consultant .



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  • wandmaker
    11-20 01:48 PM
    DAZED: Once your H1B extension is approved, it will expire only on the date shown in I797. Your 485 rejection does not invalidate your H1. BTW, if you use your H1, your H1 is invalid but you will still be able to extend it as long as it has not expired.





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  • ivgclive
    04-25 04:24 PM
    Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.

    1. Will there be any issues?
    2. What am I supposed to say for this question in the visa application website?
    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)

    The VFS website says the following:

    "The following applicants do NOT qualify for appointments in the visa renewal category:

    Applicants who have a U.S. visa that expired more than 12 months ago.
    "

    Thanks.


    1. Any Issues?
    As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.

    2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.



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  • sab
    11-01 06:25 PM
    I have filed for I-485. I am also extending my H1B. I have an approved I-140. Can I extend for 3 years? Or is it just 1 year assuming my 6 years are completed.





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  • watzgc
    11-05 07:47 PM
    friends, any reply? thnks





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  • PHANI_TAVVALA
    03-01 11:14 AM
    Hi folks, i am in urgent situation and need your advice.

    My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?

    any comments/advices would be appreciated.

    I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.





    Since1997
    09-28 04:09 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D





    bazuka6
    06-12 09:21 PM
    Hi All,

    I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.

    What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?

    Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)

    Thanks,
    Kris


    Go to EAD . Work partimefor future employer and keep working partime for current employer. Once you go to EAD there is no fulltime and partime..Everything is employment


    You will prove that you have worked for GC sponsor . After a few months, use AC21 and move back to current employer .



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