Monday, July 4, 2011

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  • meridiani.planum
    04-18 02:40 PM
    inline...

    hello experts..

    My husband and I are working on H1B visa.My husband has filed for Green card..

    Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
    if 6 years on H1B are over??

    None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.

    If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
    for visa extension?

    If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.

    If I join another company do I have to have again labor cleared to get additional visa extension
    at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?

    Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
    Many thanks..




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  • sanjay02
    12-24 09:06 PM
    Talk to an qualified attorney




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  • grupak
    03-28 05:45 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!

    I think so, if an I-485 has been applied for the dependent.




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  • gcdreamer05
    12-10 05:50 PM
    Hi Folks,

    I recently got my h1b extension approved. and on the approval notice i read the following lines of text,

    "The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"

    Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?

    And has anyone recently done h1b extesnion stamping in chennai consulate?

    I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.

    Please share your comments.

    -Dreamer.



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  • jkays94
    06-21 06:46 PM
    Thanks for reply
    How can I find was it for misdemeanor or battery or felony?

    I-485 part III would require you to answer 'yes' to the following question:

    Have you ever, in or outside the United States:

    been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

    Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.




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  • Maqrkk
    06-22 07:39 AM
    You have my vote, awesome picture!



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  • venky08
    06-18 08:15 AM
    My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it:)

    Do i need an affidavit from my parents mentioning my name?




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  • gkaplan
    05-17 01:08 PM
    thanks for the quick response.
    SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
    thanks a lot!



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  • japs19
    07-20 02:18 PM
    I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.

    I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.




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  • goingtoindia
    03-30 01:51 AM
    My I-485/I-140 were filed on Jul 2, 2007 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.

    P.S: I do not have a job yet.



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  • mikoo
    03-26 03:13 AM
    Anyone interested in meeting lawmakers in Houston area email me at meetthelawmakers@yahoo.com. Also , do mail your phone number so, that we can arrange this asap!




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  • mugwump
    12-06 08:21 AM
    what do you mean by code 3?



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  • 3d Nirvana
    06-06 12:26 AM
    here's 3 more, it said i had too many images in my post.

    http://www.3dnirvana.com/ForumPics/Stamps/25.jpghttp://www.3dnirvana.com/ForumPics/Stamps/26.jpghttp://www.3dnirvana.com/ForumPics/Stamps/27.jpg




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  • illinois_alum
    11-01 02:59 PM
    Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.

    Here's my situation: -
    1. I have been on H1 status for the past 6+ years.
    2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
    3. My wife's H4 renewal petition has also been approved.
    4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
    5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
    6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.

    At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?

    Thanks



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  • TwinkleM
    04-20 12:58 PM
    @ GreenCardLegion
    Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?




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  • Munna Bhai
    01-25 08:21 AM
    NOPE:(
    min GC required:eek:


    Is it possible that someone else will sign an NDA and you work on small modules at the background !!



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  • ivjobs
    10-28 07:49 AM
    I have seen many people on this forum that haven't notified USCIS but changed jobs.

    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21?

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

    3. Can I work on 1099?

    Thanks in Advance.




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  • thakkarbhav
    02-08 09:43 AM
    Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.

    Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.

    GC is like super user so you can work for any employer in the USA.

    I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.




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  • GC20??
    07-30 02:44 PM
    I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
    "But to be safe I will book another appointment."

    what I mean here is book another appointment around same time as yours and when you are called goto the counter together. If IO rejects to provide info on your wife's case then you can use the other appointment.




    ups
    10-29 02:18 PM
    I didn't file AC21 but got GC. So I also say don't file until you get RFE




    sledge_hammer
    08-07 02:50 PM
    http://news.bbc.co.uk/2/hi/entertainment/6934653.stm

    Pop star Lily Allen has had her US work visa cancelled after arriving at Los Angeles International Airport.
    The 22-year-old, who is due to tour America in September, had flown in for the MTV Video Music Awards launch.

    A spokesman for the singer said: "She's still in America. All her commitments will carry on as normal. The work visa will be sorted out by her next visit."

    She was held at the airport for five hours in connection with an arrest for an alleged assault in London in June.

    The arrest arose from an incident outside a London nightclub in March and resulted in a caution for common assault.

    She flew into the US from Australia on Sunday to attend Tuesday's announcement of the award nominations in Las Vegas.

    An MTV spokesperson has confirmed the star will still attend the awards show.

    "Lily was questioned and her work visa was revoked," Allen's spokesman said. "She was detained for five hours but not strip searched. Understandably she was upset by it."

    Allen will need a new work visa before she returns to the US on 6 September, when she is due to play in San Diego.

    In a statement the singer said: "I am trying everything I can to sort this out.

    "It is my intention to play my American dates in September. This depends on the authorities granting me a new work visa.

    "I want my fans to know that I will do everything I can to be back in America in September. I don't like letting my fans down and this is a situation that I am sure we can sort."

    Allen's previous stay in the US was cut short when she postponed 20 dates from her tour in May and June because she was "bored slightly" and wanted to get back to work in the studio.



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