Friday, June 10, 2011

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  • lazycis
    02-12 03:42 PM
    I am not sure what my status is at present.

    I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.

    My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.

    I do have the EAD permit and the AP which I presume is not being used at present.

    Please provide some guidance. My lawyer is not responding.

    First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.

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  • GC_1000Watt
    10-12 04:38 PM
    You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.

    6 months? Boss only 2 recent paystubs are required.
    @itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
    Think before you suggest something.

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  • saimrathi
    07-07 10:30 PM
    Great job.. This is exactly what we need.. National coverage on this issue..

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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.


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  • nixstor
    09-27 02:27 PM
    That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.

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  • gauravster
    05-06 12:10 PM
    While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).



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  • elusive
    10-25 03:16 PM
    I am in the same boat:

    Application recieved: Aug 13
    reciept date: October 13
    Case status of 765:Approved and got my card also
    Case status of 131 :Unable to see status
    Case status of 485:Unable to see status

    All three reciept numbers starts with SRC-08-008-XXXXX

    Customer service lady says" Keep looking you will see it soon"

    PD: EB-3 (March 2003)

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  • ultimate_champ
    11-27 11:22 AM
    Thanks. I will let you all know what happens after i speak to my immigration dept and the lawyer.


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  • sanz
    08-07 11:48 AM
    good one.....:D:D:D:D

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  • meridiani.planum
    10-07 05:32 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

    had asked my lawyer this question a while ago. his answers were:
    - its still possible to extend H1.
    - depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.


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  • uslegals
    11-11 10:32 AM
    thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?

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  • gcsucks
    06-17 11:29 AM
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?
    Once the Core team drafts a letter we can send that....


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  • swamy
    05-04 11:20 AM
    i'm afraid this has potential to turn into a big headache when theres a job loss. the only slightly useful, if one can call it that, byproduct of the ginormous delays are ppl get sometime to port to a new job but if this is implemented they may make it mandatory for you to inform & then harass you abt it.
    why cant they clarify the regulation first and interpret it properly before indulging in these things?

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  • krustycat
    10-31 03:03 PM
    Still the same, they are telling me the same story.
    Wait, wait and wait. That's all.


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  • AZ_GC
    08-28 04:45 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.

    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21

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  • neelu
    09-15 03:55 PM
    Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.

    Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)

    Wish you also good luck!

    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.


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  • vnsriv
    07-20 03:32 PM
    Can you not get a letter from your church/temple in India?
    Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.

    Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.

    Excerpt from US Embessay

    Religious Ceremonies
    In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

    If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

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  • va_dude
    05-07 10:38 AM
    Dude... do some research on the forum on AC-21. There's tons of information.

    Anyway, no form to fill out. Whether or not to send info is your choice.

    Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.

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  • kaylamarie
    01-27 11:54 AM
    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    I know this is a immigration site and not a job search, but i have lost all hope of working here since i have exhausted my search on monster , craigslists indded and other sites.

    Am not able to find out who would sponsor h1b for clinical research, so am posting here.

    Please help with any info you have. Thanks for your time.

    07-22 05:35 PM
    Change ur screen name dude otherwise it will be mistakes all the way ....

    By Mistake.I said yes.

    07-13 02:55 PM
    i do agree. can we leave this over here.....i will refrain from unncessary posts in future...

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