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  • samswas
    06-22 12:55 PM
    My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
    My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.

    My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
    Because its start date is 09/24 so do I need to wait till that date before re-entering.

    What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.

    If I'm in your situation, I would do this ----------

    Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.




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  • jonty_11
    08-01 01:16 PM
    looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....




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  • FinalGC
    03-30 12:57 PM
    Guys....stop getting into wrong conclusions from my question....If you read my question carefully....you will see I started the question as a "case"...so it was a "case scenario" and not a state where my GC was approved.

    To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....




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  • vish77
    08-01 08:57 PM
    My wife's federal loan got approved with expired I94 stamped as parole



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  • chumki
    12-17 07:06 PM
    My situation is I got LAID off.

    I had to change employment.

    So,

    Should I file Ac-21 ?




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  • immigration1234
    07-14 10:24 AM
    We have travelled in mid May '09 from via Frankfurt on AP and we did not have any problems.



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  • kpchal2
    03-17 10:34 PM
    HI
    I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation

    company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.

    Changed company to Company B in May 2006.

    Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.

    Changed company to Company C in Jan 2007.

    Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.

    I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.

    Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.

    Thanks




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  • martinvisalaw
    06-12 04:40 PM
    You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.

    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.



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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think




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  • Porch
    08-24 10:42 AM
    My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now?



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  • sid_das
    04-21 06:36 PM
    sorry didnt see the last 2 lines of your post starscream....

    i will talk to some lawyers and hopefully get some answers.

    my company said the appeal will take atleast 6-7 months nowadays...

    i can work till then without issues.




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  • newyorker123
    09-28 10:06 AM
    I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

    It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???



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  • randip2k10
    07-15 04:30 PM
    Hi urpal,

    I am in the same boat and would be travelling later this year on AP. In case you are travelling earlier than December, please do share your experienceS at the Port of Entry. In my case i would be travelling thru Dulles airport




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  • cooldude
    08-03 09:54 PM
    Today nebraska issued total 4234 cases which includes all kinds of applications.
    last Lin numuber is lin0722554234

    :)

    How do you know??



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  • boston_gc
    07-09 11:01 PM
    I am sure there are many guys in this forum as frustrated as I am and we all have been wondering what our other options are. I also know that lot of people have started to think very seriously about immigration to other countries.

    Based on our current circumstances, I have been wondering if it will be worth making a collective effort. In other words, how about if wrote an open and collective letter to leaders of the other immigrant friendly countries about our interest in immigration to their country for the mutual economic and professional benefits. I know this sounds a little silly but if USA is not ready to recognize and appreciate the benefits of legal immigrant community then I am sure there will be several other countries willing to benefit from this situation and gain competitive excellence. After all, we are all professionals and we all have lot to offer to the economy of today's competitive world. I believe we deserve a little better than we got right now.

    Any thoughts?




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  • peer123
    06-13 07:52 AM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.


    Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....



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  • gc_check
    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.




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  • innervoice
    08-20 09:03 PM
    Include me
    EB2 - I
    I-140 Approved
    PD: Oct 2005
    RD: 2 JUL 2007
    ND: 8 Sep 2007




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  • venky08
    09-25 09:50 AM
    this is a good find! they need to have 3 year extensions on EAD

    They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.




    satishku_2000
    10-17 02:00 PM
    u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.

    I did mine in Southern california and the set up is staffed by very few people and they were exceptionally helpful. I think just walking in may work.




    wandmaker
    11-12 04:24 PM
    I choosed the option "receipts not received", reached level 1 support, got transferred to level 2 - CSR checked the status of SR and told me that it takes 45 days to resolve these kind of issue and me/my (both) attorney on record will get the duplicate notice; and asked me to check after a week.

    wandmaker,
    Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.



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