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  • sidbee
    01-23 09:27 AM
    Good morning all of you:
    If you had the experience of renewing your H1B visa could you please advise how is the process?
    Thank you for any feedback .

    Are you working on that H1B right now, If yes then its employers head ache to do so.If not, then any way you cant renew it :-)




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  • wandmaker
    11-01 08:21 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

    Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.




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  • lskreddy
    07-01 10:48 AM
    Yes & Yes




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  • ssreenu
    05-12 02:45 PM
    Yes, you can GC is a future job. So its definitely possible.

    Does it mean I can file a 485 even without joining the employer and can eventually join him before the 485 is approved. Any risks in this process?

    Thanks in advance.



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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.


    For when you already filed I-485.
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf


    For when you have not filed I-485
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).




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  • guyfromsg
    04-29 11:50 AM
    My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.

    My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..

    Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?

    thank you.



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  • visa_reval
    06-22 06:31 PM
    You can definately get a 1 year extension based on the fact that your labor is approved and is more that 365 days before your h1, 6 year limit ended. You can also port your I-140 PD if you have a copy of the I-140. This you can do when you file for I-140 with the new company. With regards to a 3 year extension with the new company "Y", there is no clear ruling on this. But you can try for a 3 year extension, and you might get it if you are lucky ( I've read that people were able to get it).

    Please check with a good attorney like Rajiv or Murthy.




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  • newuser
    10-05 08:23 PM
    I need a little advice on sponspring my uncle vistor's visa from India

    My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.

    Does including his family members make any difference?

    Also, having a different family name makes any difference in the sponsor's letter?

    Any help is appreciated.



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  • paskal
    08-16 01:36 PM
    /\/\/\/\




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  • newbie2020
    04-29 08:45 PM
    I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)


    Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF



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  • hcard
    09-16 03:15 PM
    We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(

    I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.

    Good luck




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  • krishna_brc
    07-28 02:49 PM
    Just to let everyone know if any of you encounter the same issue -

    called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.

    Am going to do accordingly!
    Thanks

    I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
    Got my approvals also.

    Thanks,
    Krishna



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  • number30
    03-12 11:09 AM
    Gurus,

    My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents

    Duration to be covered
    2004-2008

    My docs ready for the duration:
    W2s ( 2004 - 2008)
    Tax returns ( 2004 - 2007)
    Paystubs ( recent )

    Company docs ready:
    Tax returns: 2004 - 2007

    However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.

    However deadline for filing RFE response is this Wednesday ( 03/11/2009)

    My questions:

    1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
    2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?

    I appreciate your inputs.


    You can send the certfied statements along with bank statements along with explaination. But they will not consider that. But you have send for the heck of sending them




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  • mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company


    Rest should be ok.



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  • wandmaker
    11-01 08:21 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

    Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.




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  • prapro
    06-05 10:56 PM
    I am talking about I 485 only. In my 485, preparer name, Phone number, E mail address and company address printed but there is no signature and date.



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  • rajeevkaza
    01-17 04:17 PM
    Every attorney handles a case in different way. But sure your Bank statement reflecting a direct deposit will be a substitute for your paystub.

    good luck.
    RK




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  • Steven-T
    April 19th, 2004, 02:01 PM
    How do you find the WB on the D2H? Are you preset or using some other method?

    I have been using a D1 until two months ago, when my friend drop it into the Central Park Lake when powered on. It's now a slam dunk. Currently I am looking for a new DSLR, and seriously considering switching to Canon, . . .

    Steven

    GA chapter Google group.. [Archive] - Immigration Voice

    View Full Version : GA chapter Google group..





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  • Jimi_Hendrix
    11-11 01:09 PM
    You should join your state chapter through the IV forums. State Chapter volunteers should plan to contact local politicians and meet them face to face. Nothing is more powerful than visiting face to face and impressing upon politicians how important this issue is.

    But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:

    http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
    USATODAY.com

    You can look up their contact information at
    http://www.house.gov/writerep/

    Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps




    mirchiseth
    05-31 01:38 PM
    I am in the same boat. All my applications and approvals in the past have been thru TSC. I submitted the EAD, AP renewals using efile today and got the same.

    Wondering if some thing is wrong or USCIS has some new policy?




    prasadn
    02-04 05:04 PM
    Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
    Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.

    Hope this helps.


    Hi,

    I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

    Currently I am on H4. And there is a gap in employment since March 2009.
    I have got an offer now and employer will take care of my H1.

    I need to know what is the process of H4 to H1 in this case.? Can anybody help me
    How much time does this change of status takes place?
    The H1 now will be valid for how much time?
    Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
    Is it not recommended to move out of the country till status is changed from H4 to H1.

    Please somebody reply. Its urgent!

    Thanks in advance
    Pooja



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