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  • chanduv23
    03-15 06:26 PM
    Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.

    I was offered one when i was in that situation way back in 99.

    Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)





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  • sunty
    08-27 02:55 PM
    2 year EAD here as well..I-140 has been pending for more than a year now..





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  • OLDMONK
    09-16 12:29 AM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.





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  • pady
    09-28 04:12 PM
    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand



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  • raj131982
    04-12 02:11 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982





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  • roseball
    03-24 07:39 PM
    If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....



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  • h1techSlave
    11-18 05:39 PM
    Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.

    Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.

    If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
    EB3 --> GC when you are ready to marry off your grand children
    EB2 --> GC when you are ready to marry off your children

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • pom
    10-02 06:11 PM
    Nice one, Flex. But I couldn't dowload the fla :*(



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  • mantagon
    07-22 04:22 PM
    The attorney and Roseball are correct - maintaining H4 status and working on EAD are mutually exclusive!

    Your options are:
    (1) Do not extend your H1. Contiinue working on EAD. Your status will be AOS.
    (2) Convince your employer that if you don't extend the H1, then in the event that your I-485 is denied for some reason in the future, then you will be immidiately out of status and cannot work thereafter.

    Hope this helps!

    I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
    My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
    He has asked me to change my status to H4 and work on EAD.

    Can I work on EAD without filing H1B-H4.

    or
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
    Will this affect anyhow on my chances of approval of my AOS?



    Appreciate your response.





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  • chi_shark
    10-08 10:43 AM
    not website... just the category... thanks for your opinion...

    also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...

    I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.

    And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.



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  • qualified_trash
    01-01 12:03 AM
    provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....

    this is not true. you can port the I 140 even if the employer has USCIS cancel the I140.

    you CANNOT port PD from an approved I140 if I140 was revoked due to fraud.





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  • morchu
    05-31 07:24 PM
    Search for "six-month rule", in "trave.state.gov"
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?

    Thanks for your reply Morchu. I want to have some further clarification here:



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  • setpit_gc
    08-13 01:58 PM
    My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

    It seems like USCIS automatically ported the PD.

    My EB3 PD is April 2003 and working for the sponsored company.

    I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
    As a matter of fact, I completely forgot about this EB2 140 and this company.

    All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

    I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

    Please advice.





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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours



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  • FinalGC
    05-15 11:32 AM
    shujaat:

    send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.

    My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.

    Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.

    Hope that helps





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  • bank_king2003
    09-17 01:30 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks

    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!



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  • wandmaker
    02-23 10:53 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    You are NOT on a non-immigrant visa now and you are in AOS, Hence, if you kid is born outside the US, you would not be able to bring him/her on a non-immigrant dependent visa (H4). The only option, as a layman, I see is that file 485 for your kid in the consulate once your PD becomes current or file follow-to-join once gc is approved. Others can throw light on this!





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  • vnsriv
    10-10 04:24 PM
    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.

    Accept the offer like I am planning to do. Job is most important.





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  • Rajwaitingon140
    07-16 10:49 PM
    Mine is Dec'20'2006 and still waiting for I-140 approval.

    I am waiting on service center processing dates; still yet to annouce..hopefully we should get quickly.

    Thanks



    so we r in same boat. Mine recd date Oct 2nd 2006.





    rajeshalex
    03-14 09:15 PM
    Hi All,

    We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.

    Also let me know what all documents you guys carried.

    Thank you

    rajesh





    mytv
    09-01 02:30 PM
    please sombody reply .i donno wat to do:o



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