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  • kprgroup
    04-03 04:40 PM
    The RFE is about on what basis i am eligible to extend H1B?. I sent copy of my 485 receipt and MTR copy & letter from my current employer explaining my 485 is pending more than 365 days and AC21 we requested for H1 extension.I thought i am going to get only one year but 3 year extension.If you need more details PM me your phone or email .Will glad to help you

    Good Luck


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  • Gravitation
    04-09 01:12 PM
    We must think about what we do after CIR fails.

    US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.

    Who knows what'll happen. All we can do is to give it our best shot.

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  • Legal_In_A_Limbo
    01-14 04:57 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.


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  • vdlrao
    05-11 03:24 PM
    WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
    If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.

    If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.



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  • gnrajagopal
    08-18 11:57 PM
    So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?

    Come on. Dont be dumb.

    Alright man, point taken.....
    :) it was hard to believe, but looks like there is hope for NSC Filers.

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  • rsdang
    06-17 09:17 AM
    Call customer service - select the address change option and when you get to a customer service agent give them the receipt number and they will verify the information on it. If it doesnt match they will advise you. Then you know if its your receipt number or not.


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  • BECsufferer
    09-23 12:49 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

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  • sintax321
    11-18 03:15 PM
    Who is sucking up?


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  • ragnarok
    07-19 02:39 PM
    I've entered the US in 2000.

    Can you explain what PD and EB is?

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  • pappu
    12-05 08:24 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney


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  • msp1976
    02-08 05:13 AM
    Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....

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  • tictac
    09-09 12:21 PM
    6 years ago i found the project myself, he didnt do nothing, plus he didnt pay a dime for my h1s, extensions or even green card.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??


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  • srinivas72
    02-03 09:31 AM
    H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension..

    H1B Extension Information
    Regular Processing�
    My Extension filed 07/21/2009
    I94 Expired 09/29/2009
    Received RFE 09/xx/2009
    Answer RFE 10/27/2009 (Within time)
    Denied 01/13/2010
    Note: - I worked for same company from past 3 years.

    H1B Transfer Information
    I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail

    Premium Processing
    H1B Transfer receipt date 12/31/2009
    Got RFE, 01/08/2010
    RFE answer date 01/26/2010
    Waiting for decision�

    Now I am working with new employer.
    Please let me know, if need any information from my end. Maybe it will help others who are in my situation.


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  • bkshres
    05-11 01:11 PM
    I think as long as she is pending AOS status, she should be fine. But I don't think H4 will be eligible for FAFSA. But if you filed tax jointly and your income is good then she will not get FAFSA funding, HOWEVER, she will get FAFSA loan (subsidized and unsubsidized). Subsidized loan is loan you don't pay interest until you graduate.

    During FAFSA application, you need to submit I-94 and it will verify your status I believe. I have seen people getting FAFSA approval for pending AOS without any problem.

    I hope this helps. You can get more information from the college she is applying for.


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  • ramaonline
    03-23 06:11 PM
    Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
    You must report all income earned while filing ur taxes

    Please confirm with an immig attorney

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  • newuser2011
    05-16 04:15 PM
    My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.

    How long does it take to get the AP and EAD? Can she leave the country without the AP.


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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?

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  • masti_Gai
    09-20 04:11 PM
    the link wouldn't have helped ya
    coz the link would also show the same date.
    Regardless of i clickin on the emergency or the normal link i always got the same date :eek: :eek: :eek: :eek:
    so decided not to travel:(

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  • gconmymind
    08-29 12:33 PM
    My wife's H1 was applied by her Indian company's US office in March 07 and got approved in July 07. She was in India at that time. We got married in July and she came to the US on H4 in Dec 07. Then, she went to Kolkata in Mar 08 (we are from Mumbai region) to get her H1B stamped and got the stamp and started working in Apr 08.

    So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.

    You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.

    06-11 03:38 PM
    I have used my labor for H1 extensions twice since running out of 6 year term, and have I140 pending with another extension coming up soon. I will not be able to use PP to get a 3 year tranche.
    If 140 gets thrown out then it's Sayonara. :eek:

    09-19 12:16 PM
    One of friend is in a similar boat. While she was on her F1 she worked without authorization and since then she changed her status from F1 to F2 and finally to H4. Her husbands GC was approved, but hers wasn't. So now the attorney has filed for appeal based on 245K, as he feels that since she has left and country and re-entered it on multiple occasions on a different statuses the immigration officer should only look for inconsistencies in her application only from the time of last legal entry. Does this approach make sense. So what is her status now?

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