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  • guidance
    02-25 11:46 AM
    I am in same boat.

    I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
    Does it look right option?




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  • Reddy1576
    07-27 12:03 AM
    I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

    So there are 2 I-140's with the USCIS.

    Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

    Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

    Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

    Now, I filed my H1B extension , What will happen to the H1 extension ?

    and What is my status now?

    Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

    Any help would appreciate

    Thanks
    Reddy




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  • indyanguy
    05-08 04:15 PM
    I am not sure if it's worth the hassel of trying to interfile. Since EB1 is current most of the times, it may not be worth trying to recapture the EB2 PD.




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  • krish2005
    02-20 12:00 PM
    y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......

    When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.



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  • senthil1
    05-07 12:42 AM
    Sen Sessions is not only person who is opposing Cir/skil.There are many people in the Senate are opposing. Everyone knows that congress is evenly divided on immigration. But 10 Senators can make a big difference if some compromise bill is introduced. So anything can happen in next 2 months in immigration. Sometimes short time is advantage as they may pass bill in a hurry and lot of provisions may be passed without big visiblity.

    No one can predict at this point of time. The optimism
    is thinning every day. So far nobody could come up
    with anything that is agreeable.

    Our best friend Sen. Sessions is trying his best
    to distroy any bill. Now he is trying to propose and
    implement a point based system. Who know when
    the point base system is ready for discussion he
    will propose a DNA based system....

    So my friend I'm scared to hope on immi
    sector. Good luck to you

    -babu




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  • neobuddha
    10-14 03:28 PM
    You can provided:
    a- If have not used your AP, if it is single entry
    b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.

    Good Luck,

    -Neo



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  • ilikekilo
    07-18 10:43 AM
    eb3,

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...


    interpret nepa's message as people who did not contribute at all but yet expect a lot or whatever from IV can be categorized as cheap...


    lets help ourselves...




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  • teachamerica07
    08-01 06:04 PM
    Will it work if the parole stamp on I 94 has expired ?
    Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
    Thanks for your input .



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  • saileshdude
    09-03 06:09 PM
    I am not sure what the basis would be to issue an RFE. The SR is created based on Customer Service representatives recommendation. The first level rep themselves suggest that we open SR if we call to find out the status of the case. I just opened SR for my spouse. Lot of people from Jul/Aug opened SR but very few got RFE.

    It may not help in anyway but that's different.




    My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?




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  • roseball
    05-02 10:52 AM
    I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
    Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

    Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

    Thanks again.

    Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.



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  • glus
    03-28 08:36 AM
    That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.




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  • RNGC
    02-05 04:47 PM
    ^^



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  • cooler
    08-27 01:32 PM
    I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

    Please respond.

    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.




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  • raysaikat
    07-17 02:17 PM
    A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.

    - From Greg Siskind blog

    Isn't $165/hour a steep rate?



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  • klpd4dc
    08-20 01:44 PM
    All,

    I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with USCIS A# A08xxxxxxx. I wonder if this means that a visa number has been assigned to my case. If not, is it merely another case or alien number? I found the following at http://www.kkeane.com/general-faq.shtml and am not sure what the A# stands for. Also, any idea why the priority date field is empty on my FP notice?


    There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

    Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.


    My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.




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  • whattodo
    05-02 01:30 PM
    What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?

    I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.


    I think you can join the company immediately. To be in safe side you can apply for transfer in premium.

    As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).



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  • redddiv
    06-29 02:16 PM
    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?

    USCIS will not give you a copy.

    OK There are two places you can find your OPT CArd.
    1. International Students Office of your College (if you had given thema copy, most likely).

    2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)

    Hope you will find Luck with this.




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  • saurin
    02-10 08:02 AM
    Hi Ann,

    Yes I do have an EAD. Thanks for your reply.




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  • kirupa
    07-21 12:56 PM
    Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?




    bkarnik
    11-09 05:11 PM
    Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...

    USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"

    Hope this helps.




    santa123
    07-22 07:40 PM
    I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.

    Can any one tell when will the visa number assigned to the CP case?

    The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.

    Any insight would be appreciated.

    I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!



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