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  • meridiani.planum
    12-19 12:45 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.

    seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
    1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.

    2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.

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  • nav_kri
    02-23 08:16 PM
    I've always been able to negotiate pay details for a job offer without actually disclosing my current pay. I let the recruiter come up with a number based on the role and living area and then provide feedback based on whether I was expecting higher number or was ok to proceed with the offer.

    As others have mentioned the market is not good or even ok. Can you believe more than half million jobs were cut in just Jan 2009 alone?

    So please do consider the pros and cons. My company did announce layoff recently and someone I know dearly lost their job. I managed to survive this round but would have gladly taken a pay cut if it meant ppl wouldnt lose their job.

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  • marco
    10-01 10:13 AM
    My spouses EAD (dependent) was approved 3 weeks after mine.

    So it is normal I guess.

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  • pappu
    06-30 07:06 PM


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  • mrdelhiite
    07-24 03:23 PM
    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.


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  • amitga
    05-23 01:45 PM
    My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.


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  • tish
    06-25 06:01 PM
    Consult a lawyer.
    I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

    In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

    This situation of yours hinges on technicality and better talk to a lawyer.

    what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
    what should we enter as last entry into us

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  • fromnaija
    04-05 05:08 PM
    I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.


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  • waitingnwaiting
    01-21 08:00 AM
    I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.

    but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.

    Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.

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  • logiclife
    05-11 11:47 AM
    Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.

    All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.

    Avoid bashing illegals or any other groups. Its not IV policy and should not be done.

    We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.



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  • gotgc?
    09-16 06:13 PM

    Here is my case specifics:

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.


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  • Kodi
    07-03 11:08 AM
    Texas service center. I think they move much faster than Nebraska.

    Oh... ok. Where can I see which service station the aplication should go to? I'm in NY


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  • nogc_noproblem
    12-21 01:01 AM
    I like this attitude.
    Rather than worrying about uncertain things, enjoy the reality.

    Why cant we just enjoy the job mobility of AC21 peacefully? [/B]

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  • gee_see
    11-19 10:12 PM
    My online status has been showing 'Finger printing fee rejected and case now in suspense' since july 2006 although i had my FP done in Aug 2006.

    I've called customer service many time to correct this issue but no luck so far. Also my attorney sent mail/follow up with USCIS and it did help either.

    Now i've stopped looking at on-line status....


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  • md2003
    08-30 01:06 PM
    Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

    As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.

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  • hbk
    04-22 03:33 PM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless

    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approval Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.



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  • ss1026
    06-14 05:09 PM
    The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

    But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

    Offcourse there is another thing that comes in to play and that is the per country quota :eek:

    EB-3 India Feb-2005
    Waiting to apply I-485

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  • loudobbs
    09-04 10:46 AM
    My company attorneys filed by I140 incorrectly under EB3 and was approved in 2006. They refiled PP under EB2 using a copy of approved labor in May 2007. When I last checked the status is assigned to an officer.

    Once the new I140 is approved would I have to do an interfiling? I am not if they both have the same A#....

    Hi guys,

    I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx

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  • cdeneo
    12-13 07:11 PM
    I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.

    Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.

    07-03 10:47 AM
    Congrats!! Does worldwide = ROW? If it is maybe that's why I-485 was approved so fast?

    I am from Bosnia, so yes I guess it's ROW (rest of the world).
    I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
    I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.

    06-15 03:40 PM
    Yes.. Leave it blank.. Even my attorney said so...

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