Sunday, June 12, 2011

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  • pragir
    10-25 10:02 AM
    Does anyone have a number for the charlotte office? And info on whether a walk in can be done?

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  • visaspirant
    10-21 11:50 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
    Thanks so much Elaine!
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.

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  • a_yaja
    06-05 10:12 PM
    Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".

    Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?

    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.

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  • sbdol
    07-20 10:47 AM

    IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
    Thanks indio0617.
    As I said I was sure the idea is not new simply beause it is too obvious.
    Did you try to persuade members of Congress/Senate to submit such proposal ?


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  • ganam
    02-21 08:57 PM
    Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.

    Please go to

    and see Question 11. Do I have to use an EAD to use AC21?

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  • kirupa
    01-17 09:22 PM


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  • gc_chahiye
    07-13 12:51 AM
    What do you think is this big news coming out in 24 hours or on Monday?

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  • InTheMoment
    07-22 06:38 PM

    Dates moving back is a once in 10 year event (not a guess but actual stats).
    The July fiasco type thing happening again is almost nil !

    Give that interview and get the immigrant visa.. You are all set.


    How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...


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  • skynet2500
    11-24 02:03 PM
    Yes. This is what I am thinking. They are going to stay for 6 months anyways, I wanna take advantage of tax deductions if possible. Would getting an I-94 extension for a week going to be a problem? thanks.

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  • chanduv23
    10-29 07:24 PM
    The meeting was very well organized. Q&A session with Attorney Prashanti Reddy was very useful. Here are my suggestions:
    a) We can have these conferences every two months or whenever core thinks so.
    b) I think we should stick to immigration.
    c) Earlier 'Invite a friend/Add a member' campaigns were very successful as compared to flyer/poster campaign.

    Thanks for coming with your wife - this is the third meet and you both came for all the meets.

    Excellent input - we must do more of these. We are expanding now and getting support so I think we are in a position to do more stuff.

    Flyers and posters also play a crucial role as a first step to a lot of people.


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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.

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  • cox
    November 21st, 2005, 05:28 PM
    I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)


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  • starscream
    03-24 04:19 PM
    Have you hear anything from your appeal? Please let me know.
    Thank you.

    Aura M/Hassan 11,

    I am assuming that when you guys say appeal - you mean request for review (RFR) for the LC that got denied. My LC was denied in November 06 and my employer's lawyer filed a Request for Review (RFR )because the said they were absolutely sure that DOL had denied the LC in error. Well, DOL approved the RFR and my LC was approved in Jan 08 - YES it took 14 months. The advantage is that if RFR is approved the priority date can be maintained. The lawyer's had told me that it does take a year for RFR to be approved (of course at that time nobody expected that the Pdates would become curent in summer of 07 so I missed that bus) - but anyways now I can maintain my original priority date.

    From whatever I have read online it seems the lawyers have to be absolutely sure that the LC is denied in error by DOL to expect any positive reply for the RFR.

    Best of luck to you both!!

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  • parablergh
    08-27 02:55 PM
    - just a note - I would also strongly recommend filing your spouse's AOS as soon as possible (once current). Please note that this should be done prior to receiving approval for your Adjustment.


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  • seltzer
    02-12 03:42 PM
    Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.

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  • Maria_Mathew
    12-19 01:52 PM
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.

    Was she working in IT field back in India? Can you specify her skill sets? Was it easy for her to find a sponsoring company ?

    I am on H4 and I was wondering whether it is easy to get a sponsoring company in this bad economy. Please reply when you get a chance....



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  • LostInGCProcess
    02-24 11:39 AM
    I think its not going to be business as usual for H1b holders...nor the employers that sponsored them. I think something is going to change drastically in the coming would be interesting to see what would happen to to the H1b for this FY when they open to doors to accept the application for new H1Bs..

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  • maximus777
    10-27 06:34 PM
    Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.

    It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?

    Thanks again!

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  • nk2006
    05-02 12:03 PM
    a. If I move now, can I take my 3 yr extension filed by company A with me or

    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.

    b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
    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).

    03-10 05:16 PM
    Any I140 recent approvals regarding 3 years degree Education RFE?

    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?

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