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  • rupchikgulti
    06-17 05:04 PM
    Dude,

    This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.





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  • gcwait2007
    02-15 11:48 AM
    I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.

    If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??

    Or

    Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.

    Please advise.





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  • riva2005
    05-21 05:32 PM
    Immigration Voice has taken a position against the bill in its current form. .

    And that is the position of everyone in this country except 20 insider deal senators.

    You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.

    In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".

    Have some dignity man...





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  • new2H1&GC
    11-08 01:52 PM
    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)

    Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
    Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure

    So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?

    Thanks..!



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  • dingudi
    03-12 07:18 PM
    With retrogressio to last for years, I am also planning to pursue MBA. But again with IT experience , getting first MBA break is crucial.

    Does anyone have idea, whether executive MBA or Part-Time MBA is better with following things in mind:

    1) Being able to do it while working full time.
    2) Career prospects after finishing





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  • I_need_GC
    10-15 09:56 AM
    Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.


    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.



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  • abhisam
    01-08 12:03 PM
    Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
    The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

    At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
    We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

    Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.

    radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.





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  • RNGC
    07-07 11:37 AM
    ^



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  • still_waiting
    06-03 09:20 AM
    good job !





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  • sdrblr
    08-22 04:31 PM
    I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.



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  • seahawks
    09-12 10:02 AM
    remember when you get your new passport in 2007, carry the new passport and the old passport with you when you travel because the valid visa will still be in your old passport.





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  • Nitu Singh
    06-12 07:31 PM
    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!



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  • gcformeornot
    09-25 07:50 PM
    1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID

    2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
    ---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
    3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
    your guess is as good as mine
    4. When will the employee know about the revocation in general (how many days)?
    ---after you receive RFE? or you can check online status.
    5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
    once revoked its gone
    I would really appreciate for your valuable suggetions and answers.

    Regards and thanks for your help...





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  • GCNaseeb
    02-17 12:33 AM
    My 180 days have been passed. My Career was stagnated from last 6 years. I joined a consulting company and asked him the same title as my Labor. At the client I am now IT Director. Who cares? for USCIS, I am still a Sys Admin, but in real world, I am IT Director and people are reporting to me. Wow, what a difference this AC21 brings in!



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  • factoryman
    06-30 10:46 AM
    and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.

    Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.





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  • gc_dream07
    08-11 12:36 PM
    PD : March 2006
    RD : July 2, 2007



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  • amoschid
    07-18 04:01 PM
    thanks for the answer buddy

    1) Yes, 140K includes primary applicant,spouse and minor children.


    woaaah.. that's a very little number.... :p


    2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.

    i see... thanks for the explanation,
    this part still confused me though:

    if i divide 140000 / 9800 = 14.28

    that's only 14 countries, how was that suppose to work ?

    also... let's use Japan & India again for example:

    - suppose that India already used up to 9800 GC, and Japan only use 1500,
    the 8300 GC (9800-1500) will remain unused ?


    thanks again for the answer :D





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  • izolo
    06-04 02:11 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me





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  • marty
    01-09 01:07 PM
    I think the text of the post is missing. I am quoting it from the original post below.



    URL: http://immigrationvoice.org/forum/showthread.php?t=23029

    We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:

    US House of Representatives
    https://writerep.house.gov/writerep/welcome.shtml

    US Senate
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:

    http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf

    ------------------------------------------------------------------
    E-Mail Subject

    Delay and concerns about USCIS processing time updates

    E-Mail Text

    Dear [Name of your local representative]:

    I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:

    1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.

    2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.

    I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.

    Thank you,
    [Your Name]

    ------------------------------------------------------------------

    Please let me know if anything else needs to be added to the e-mail text.

    Thanks.





    EB-VoiceImmigration
    08-14 01:07 AM
    can i apply one more I-140 , and what will be my case in this situation

    If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.

    If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.

    But like other members suggested, please consult attorney.





    iwantmygreen
    08-06 07:47 PM
    08/04 LUD on your I485 should be for approval. What does the message read? I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."



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