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  • gcformeornot
    01-29 05:52 PM
    H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
    Since you haven't started working and assuming you haven't accepted the offer from the
    H1 sponsoring employer, YOU should be fine.

    Please take advise from your company attorney.

    you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.




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  • snathan
    02-21 07:32 PM
    You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.

    The PERM is already denied and you can not get the extension based on the denied PERM.




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  • caydee
    07-01 07:35 PM
    for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'

    The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .

    Please suggest and sorry if this si a repost. I could not find a exact answer.

    Thanks
    -M:confused:

    Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.




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  • eb2_immigrant
    09-09 12:12 PM
    I got the RFE yesterday for my wifes AP I-131, Its about photo as expected.

    Have you been seeing any approvals for EB2 India lately?



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  • viveksri
    06-19 11:59 AM
    Finally USCIS has corrected the processing date typo. The dates are not back to original track.

    I guess its good news from the EAD point of view.

    VS




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  • waitin_toolong
    07-30 04:19 PM
    My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
    But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).

    Is this going to create problem? do we need to send update/form to USCIS about this?

    you dont need to do anything. they can track the changes based on I-94 sent for transfer.

    In fact if you id COS to H4 then that too would have been okay.



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  • gc_kaavaali
    07-09 12:45 PM
    thank you very much for all your replies.




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  • sku
    12-25 03:19 PM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?



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  • REQUIRE_GC
    11-15 06:00 PM
    Congrats!!!!!!!!!!. You filed in Aug and received AP.

    I filed in July (Please see signature) but Ap not reveived.

    Friend of mine file in Aug and received the AP. Did your case status on website got updated?
    Thanks



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  • abc
    05-08 01:20 PM
    I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.

    There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.

    Any thoughts.




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  • chanduv23
    03-02 03:19 PM
    I just got my 3 year h1b extension today, was filed under premium processing. Everything the same except u pay $1000 extra. I got my approval in less than a week.



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  • pd_recapturing
    06-28 09:31 AM
    A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
    Do you know as to why it got denied ?




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  • sapking
    07-31 08:20 PM
    Have you talked to your attorney? They will guide you.



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  • mali03
    05-09 11:39 AM
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  • kramesh_babu
    08-06 08:23 AM
    Hi,

    I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
    Can anybody throw some light on this?

    Thanks,

    Shruthi07

    Online status shows:

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
    ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
    notice explaining this action. Please follow the instructions provided
    on the notice. We will notify you by mail when a decision is made. If
    you move while this case is pending, call customer service at
    1-800-375-5283 to update your address. You can use our processing dates to
    estimate when your case may be processed by following the link below. You
    can also receive automatic e-mail updates as we process your case by
    registering in the link below.

    Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?

    On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.



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  • ras
    01-11 11:26 PM
    Hey here is a situation:

    I have over 7 years of experience in IT
    Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
    Have a diploma (1 year in computers)
    few other computer certificate courses.

    I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
    My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.

    So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.

    So what do u guys think that my company attorney is correct.

    My understanding is that with the above qualifications, I am eligible for EB2.
    Am I wrong????




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  • sushilup
    07-17 01:53 PM
    Hi,

    I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.

    Current Imiigration status:
    Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
    Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
    Have approved H1B for company-A since dec 2010 and stamped in passport.

    My questions:
    1- If 485 get denied, can I go to company-A and start working on approved H1B
    2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.

    Thank you.
    Sushil




    Ann Ruben
    10-22 12:26 PM
    Kuyt,

    As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:

    What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?




    waiting4gc02
    02-20 07:42 AM
    Guys:
    I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.

    a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
    Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?

    b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).

    What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?

    Thanks



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