Wednesday, June 29, 2011

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  • kshitijnt
    05-03 08:39 PM
    First of all you are on OPT and your status has not yet changed to H1. It will change to H1 in October.

    Your company can cancel H1 with or without your knowledge.

    Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.

    If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.

    Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.

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  • jayleno
    06-17 12:14 PM
    Just want to say hello...since we are in same boat. Applied in second week of May. No reciet notice yet, according to employer. I was applying for extension of my soon to expire h1b

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  • moonrah
    07-20 11:17 PM
    Hi All,

    I have heard that alberta has terminated immigration program for H1B candidates, is it true? or It is still in progress? I am software engineer, am I eligible for that?

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  • roseball
    01-07 01:41 PM
    Few months ago, my company filed for my 7th year extension and USCIS approved the extension for only 8 months instead of 1 year (my I-140 hadn't been approved yet). My lawyers contacted USCIS for clarification and we finally heard back from them. They say that the approval of 8 months is correct and gave no explanation for why it was not for 1 year (which I would have qualified for since my LC was approved when the extension was filed).

    Has anyone else experienced a similar thing?

    Check with you employer on the validiity of the associated LCA. At the time of your H1 approval, there might have been only 8 months of validity left on the LCA. Other reason could be, assuming you are working for a consulting company, USCIS might have given you an extension till the end of the current project. I have seen several cases where USCIS only gave 6 month extensions because the project PO was only valid for 6 months.


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    06-21 10:26 AM
    I-134 was the most confusing form for me too.
    I let my lawyer fill it for me, and she did tick the "intend to" but did not fill the area in question.

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  • Pallavi79
    06-11 03:27 AM
    Some where I read that, it is common to get marriage certificate RFE, If you were married less than 2 years ago.


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  • vxg
    08-22 10:29 AM
    I deal with the lawyers in Morgan Lewis for legal work in my company though not related to immigration but related to Fedral laws in Energy sector, very professional.
    appreciate any feedback or comments on law firm
    for Ac21 and GC etc..

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  • Milind123
    07-18 10:52 PM
    Any specific reason for not leaving the money with the 401k plan of the old company?


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  • ushkand
    07-20 12:19 PM
    Hi All,
    I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
    Did any one come across the same situation....

    what does it mean

    Would you be kind enough to post your filing date and USCIS RD?


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  • apnair2002
    10-18 11:15 AM


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  • kshitijnt
    07-24 04:49 AM

    My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.

    We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.

    Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?

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  • pareshsinha
    03-31 01:19 AM
    From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:
    1. Even after leaving the company, is it legal for me to stay in the country and for how long?
    2. Can I look for any kind of job on EAD or there is any restrictions?
    3. Is it possible that my former employer can cancel my EAD?
    4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?



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  • belmontboy
    10-15 03:30 AM
    Obama lits Diwali lamp in White house (

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    Happy diwali folks :)

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  • karthik204
    03-30 03:46 PM


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    09-30 06:58 AM

    I Have Some Problems In I-140. Mine Is 3yrs Bach+1yr Diploma Degree, Professional Job As Analyst, Eb3 Category. I Am From From Maryland So Vsc Is Center. My Lawyer Called Me That File Is Ready To Go But Vsc, Tsc And Csc Are Not Excepting Any I-140 Now, They Has To Be File At Nsc. But Nsc Is Very Strict And They Are Denying For 3yrsbach Degree In Professional Job. So I Don't Know What To Do? Any Ideas? Any One Like Mine Case? Please Let Me Know.

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  • Kumar Nanada
    05-07 02:32 PM
    My Case Details:

    I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.

    My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.

    One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).

    Please advice:

    - What would be the best independent status for my daughter ?

    - if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?

    - Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.

    - Does she need to go out of US to change her status from H4 to F1 ?

    - In case if required can I convert my EAD status back to H1B ?

    Thanks in advance for your help.

    Kumar N


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  • pandu345
    12-19 12:03 PM
    Hi All,

    Here is my question.
    I was working for employer A.I left employer A on Nov 15 , I received my last paycheck from employer on Nov 22, 2007.
    I know my employer A did not revoke / cancel my H1b.

    I accepted offer from employer B on Nov 20.I came in communication with employer B lawyers on Nov 23.I am based in one state and work
    in another state.Lawyer got all the documents from me on Nov 25,Then she said , we will have to get prevailing wages from two states , and she
    send the request for them.We received prevailing wages from states on Dec 11.Then she sent my H1b transfer petetion to USCIS on Dec 14.I received
    the receipt from USCIS on Dec 18.

    Will my H1b get transferred , or will I have any issues.


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  • pappu
    11-01 08:02 AM

    My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.

    Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.

    Thanks in-advance for any update.
    yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.

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  • Ann Ruben
    01-21 08:41 PM
    So, you are entitled to H-1 status through Sept. 2010. Most US consular officers would realize that the petition approval through Aug. 2011 is a mistake and either issue a visa valid only until 9/30/2010 or refuse to issue a visa until you obtain an amended petition approval with the correct validity date. If you do leave the US to go for visa stamping based on your current approval notice, there is a substantial risk that you will be stuck out for some time.

    If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.


    08-13 07:00 PM

    My Green Card was recently approved. But, due to retrogression I had not filed for my wife's green card.We did file her I-485/EAD/AP during the month of July. My PD is around 2003, and I dont see my wife's GC being approved very soon.

    My questions are:

    1. What kind of documents are required in the future? Lets say, I start a company and work for my own company. In that scenario, what are the requirements I need to fulfill to keep her application in good standing.

    2. What happens if I go without a job for a few months(between consulting gigs). Does this adversely impact her application.

    3. At the minimum, how do I keep her application in good standing, and be ready to respond to future RFE's.

    I am not sure if these questions were discussed in this forum. I would appreciate if anyone can point me to any links.


    08-28 11:28 PM
    My lawyer received all the receipts for our AOS, EAS and AP applications and today I got COPIES in mail from her.

    Wasn't she supposed to send me the originals and keep the copies? After all, it's my application.

    I want to call her but I'm not sure what the general practice is. Did you guys get copies or the original receipts from your lawyers?


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