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  • thakkarbhav
    01-20 02:14 PM
    You can donate one H1B to someone who needs it...just kidding..your both H1Bs are valid.
    No need to update company2 about the extension.
    When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.





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  • reddy_h
    08-18 10:08 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.

    I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.

    In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.





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  • IWannaBeHowdy
    11-14 10:52 AM
    Hello everyone,

    Please shed some light on this

    I am going to a different Application Support Center than the one in my notice.

    I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?

    If no how should I find/locate the nearest ASC to where I live?

    The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.

    Thanks in Advance





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  • beautifulMind
    11-25 05:36 PM
    The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through



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  • satishbsk
    10-26 12:47 AM
    Hi!
    My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
    On June 1st, 2007 the approval notice was sent to my employer.
    Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.

    Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.

    Within what time line i need to apply for the same.

    Thanks,
    SV

    If you need to switch employer you should be on valid H1 status with SSN and have paystubs from current employer for safe side.
    Pl consult good immi lawyer for best advice/lawyer of new employer.

    Satish
    $360 Contributed sofar
    SoCal





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  • hetuweb
    01-25 08:23 PM
    This is my situation friends.
    - My I-140 approved in January 2007 and I-485 filed in July 2007
    - Me and my wife has EAD + Advance Parole (AP) + Finger print done.
    - We decided to go back to India
    - I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
    - I will be continued on Payroll of my present employer in future too.
    - I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
    - Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
    - I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
    - Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
    - Can I get Advance Parole (AP) from India after Consular Processing conversion?
    - To convert from AOS to CP, can I have to be in USA or I can do from India also?

    Your help in this matter will be highly appreciated as I am going very soon.

    Thanks in advance to all of you friends.



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  • bekugc
    08-06 05:39 PM
    whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)

    when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.

    However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"

    so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.

    im not an attorney..so the regular warning applies!





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  • ksvreg
    07-01 11:55 PM
    Is it possible to ship the two I-485 pakcages to INS?

    My labor and 140 already approved. My law firm preparing I-485 to submit through same day service.

    In case if they are not able to do it within the time, I want to submit I-485 on Monday through same day service without telling to the law firm.

    This causes duplicate submission. Can I or law firm subsequently with draw one of the I-485 later?

    Please advise. Urgent. Appreciate your help.



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  • honge_kamyaab
    10-02 09:13 AM
    Did manager's amendment get approved with Border bill? What the course of action for manger's amendment.
    Can someone throw some light on this.





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  • Green Card Aspirant
    05-01 12:02 AM
    As your H1 B expires on Sep 2009 , it is good to apply for your H1 B extension with the current employer as you have a valid client. Request your client to provide a supporting document/letter for your extension . If the client needs to hire you, you could transfer after the extension. Use the client reference to get your extension as soon as possible.



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  • gonecrazyonh4
    05-18 01:39 PM
    Can anyone suggest a good Immigration attorney in Bay area.
    This is for one time personal consultation ( not phone consultation). Any idea about the charges for such a consultation.

    Thanks you





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  • alterego
    09-14 08:48 PM
    Do you have a good relationship with your employer. If so, if you can get your hands on the BEC letter, ie requesting your employer whether they want to continue with the processing, then it is on that letter.
    The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.



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  • seekinggc
    06-19 02:35 PM
    Please reply...I would really appreciate your response guys...





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  • sunny1000
    03-28 01:06 AM
    Hi all,

    I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.

    1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.

    2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?

    I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.

    You can use your AP for travel and come in as a Parolee even if you are not working.

    Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.

    Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.

    Good luck with your travel.



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  • surabhi
    06-03 09:54 AM
    Hello,
    I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!

    From Ron Gotcher

    http://www.immigration-information.com/forums/showthread.php?p=13499

    He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.





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  • ramaonline
    07-08 05:55 PM
    i am not - these are standard codes you can find on the net - I submitted the same to the ins company.



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  • leoindiano
    02-04 02:32 PM
    Congrats,

    contact your lawyer... We are talking about your entry into US. Also, pls. delete other 2 duplicate threads.





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  • roseball
    07-19 12:33 AM
    I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.

    Sure you can, as long as your new job requires a Masters or Bachelors + 5 yrs of experience and your employer is willing to start the process, you can do it. Being on EAD or H1 doesn't stop you from porting your PD.





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  • Becks
    02-08 11:48 AM
    I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
    Hi,
    I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .

    I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.

    Thanks





    swetha00
    09-12 03:44 AM
    Hi all!
    Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???





    Prashanthi
    08-27 02:04 PM
    Dear Attorney,

    Is there any minimum length of time to be on H4 before applying to H1.

    Thanks

    No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.



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