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  • cilantro
    11-28 08:39 AM
    My wife has H4 stamped and valid till Nov 2008 but from Oct 2007 she changed her status to H1B. She has I797. My question is when she goes to India does she need to stamp H1 B or she can reenter on already stamped H4 ?
    Please Let me know this information.





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  • amitga
    02-22 04:06 PM
    If you had an approved H1B last, that means that you already are on H1B status as of Oct 01 2006. You can continue to work in US on H1B and get it transfered also. Only when you go out of country then you will have to get new H1B stamped. I also had L1 to H1 change.

    The visa officer will surely ask you that "why did you change your status from L1 to H1" So be prepared with a good answer for that.





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  • learning01
    04-14 01:19 PM
    and stands at 90% (active members vs. total members) as of now.





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  • orshoe
    03-19 04:39 PM
    My labor was filed with job title from the employer as IT Lead (O*Net Code - 11-3021.00, O*Net title - Computer and Information Systems Managers). I am having an opportunity to convert to full-time on EAD (I-140 approved, EAD received 18months back). The new job title is Software Engineer(possible O*Net codes - 15-1032.00/15-1021.00/15-1031.00, possible O*Net title - Computer Software Engineer/Computer Programmer). Is it possible to file AC21 in this scenario. The salary and the job descriptions for both the Labor filing and the new opportunity are similar. I am worried if the title might cause a problem. I have to make a decision very soon. Please help.



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  • venky321
    07-21 12:25 AM
    It hasn't terminated the program but it has stopped accepting applications from Software Professionals unless you are at the Manager level.





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  • hello
    05-21 10:35 AM
    Hello

    My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B

    We will need to Travel to Canada for Immigrant Landing formalities after we get PR.

    How can we enter back in US so that my AOS and her H1B Status is not affected?

    ThanksI think you can use AVR if you can come back within 30 days.Please ask the lawyer before you leave.



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  • reapit
    08-08 02:55 AM
    Hello,

    I needed your advise whether i have a case to file an APPEAL to USCIS granting me 1 yr H1 extension (beyond 6th Yr) instead of 3 yr extension.?

    Recently my 7th yr extension was approved for 1 year in Jul'09 with petition valid date till june'09 (date in the past) . At the time of filling the 7th yr extension, my I140 was not approved but during the processing of my h1 extension my I140 got approved and i had sent the approval copy along with an RFE i recieved in May'09.

    Let me give my case background in details.

    * LC applied in oct'07
    * I-140 applied in May'08 after LC approval
    * 6th yr on H1 ended in June 08
    * had to return India since my LC < 1 yr and I-140 was not approved
    * Employer based on an attorney's advise suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
    � Mar09- applied 7th yr extension based on Approved LC (> 1 yr old ) and applied I-140
    � Apr09- I-140 approved
    � May09 � Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
    � Jul09 � Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)

    Appreciate your advise on the same.


    Thanks,
    Bikash





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  • manbeing
    12-22 05:05 PM
    Please see below I-140 ref. I do understand that they need me to submit an experience letter including employment date and specific duties, but how to handle the second evidence? If the specific duties on my previous employer�s experience letter already includes those H14 specific skill and other requirements, is that enough? Or I will still need to find something else to support/proof them? Thanks!

    "Submit evidence that the beneficiary obtained the required three years of experience in the job offered before January xx, 2010, the priority date. Evidence of experience must be in the form of letters from current or former employers giving the name, address, and title of the employer and a description of the experience of the beneficiary, including specific dates of the employment and specific duties.

    Submit evidence that the beneficiary obtained the specific skill or other requirements as indicated on the labor certification, page 3 of 15, #H.14. Please provide proof that the specific skills or other requirements were acquired prior to the priority date."



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  • shyamkishore
    06-30 10:29 AM
    Hi,

    My name is Shyam and I live in Herndon, VA.

    Please let me know how to get in touch with other members in this area.

    Regards,
    Shyam





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  • trexx7
    07-27 10:36 AM
    I have my I-140 approved from Company A(Future Emp) PD 2002 and 485 PENDING . Since Visa category is current.
    My current company B is asking me to apply for I-485 PD 2005 and withdraw 485 from Company A. Since PD of
    Company A is 2002. I dont want to loose the opportunity. Should I join Company A/ Stick with Compamy B.
    Gurus Please advice..



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  • indigo10
    04-12 03:45 PM
    Hello,
    I am looking for somebody who has an approved I140 in Eb2 category around Los Angeles area. I might be able to help. Los Angeles area only.
    Thank you.

    Do you have some green cards that you want to issue ?





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  • GCtension
    10-21 07:53 PM
    Hi All (Please respond)

    I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.

    Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).

    My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.

    I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.

    My Question:
    1.Was I technically out of status and unlawfully present?
    2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
    3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
    4.Is Fingerprinting notice assures that everything is fine except security and criminal check?

    Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.



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  • kirupa
    04-29 02:49 PM
    I don't think the red gradient suits the stamp well either :)





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  • vikramark
    03-22 09:28 AM
    I had my stamping done in Kolkata consulate on 03/02/2011, they asked me to switch off the cell phone and hand it over to security, security gave me a number tag and I was able to collect my cell from security after my interview.

    -Vik



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  • InTheMoment
    07-28 01:49 PM
    phew !

    Receipt Date is the date they receive your application
    Notice Date is the date they generate the receipt

    We are interested in the former (so it happens to be July 2nd in your case)

    Wait for your receipt and confirm that the "Receipt Date" printed on your receipt is July 2 (99% of the cases have the date CIS physically received the package)

    sorry for my ignorance.. But is that again July 2nd (receipt date on my application) or date they issue me Receipt #?





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  • go_getter007
    12-12 08:55 PM
    Swamy, you will get many new members with this attitude/language. Enjoy!

    GG_007


    please stop thinking then



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  • BharatPremi
    04-13 11:30 AM
    Guys,

    New shops are opening up.. Still rate is slow but who knows you will see 100 new web shops in coming months...

    http://www.immigrantslist.org/





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  • Blog Feeds
    11-13 04:10 AM
    In response to the major delays with Labor Condition Applications (LCA's), the USCIS announced a temporary policy and procedural change regarding H1B petition filings. Effective November 5, 2009, H1B cases can be filed prior to the certification of the required Labor Condition Application (LCA). This change was necessitated by delays in LCA processing through the Department of Labor (DOL).

    Here is how the new process will work. USCIS will begin to accept H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL�s email giving notice of receipt of the LCA.

    Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. We welcome this new procedure and hope that it will expedite current H1B processing.

    Read the USCIS memo here (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Nov%202009/Attachment%20to%20Temporary%20Acceptance%20of%20H-1B%20Petitions.pdf)




    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_uscis_to_accep.html)





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  • gconmymind
    08-26 04:33 PM
    A friend of mine told me that we do not have to pay Social Security Tax while working on EAD. Does anybody know if this is true ?

    That would be a huge plus in case its true.

    Your friend may have confused 485 based EAD with F1 OPT based EAD. On F1, you do not pay SS or Medicare. On AOS based EAD, you do need to pay SS/Medicare taxes.





    abhishek101
    01-05 11:36 PM
    this is my understanding but a lawyer answer but you should consult a lawyer

    Since you have started your GC process and shown your intent to immigrate your F1 will be denied.

    H1 is a dual intent visa ( you enter as non immigrant but U can immigrate on it) and hence application of GC has no implication on it.

    Again I am not a lawyer so consult one.





    lonedesi
    03-04 08:08 PM
    I am posting this question on behalf of a friend who needs some guidance w.r.t. H4 extension.
    His H1b expires at the end of this month and he had applied for an H1b extension during Nov '06 after he received his I-140 approval. He received a RFE this week with USCIS requesting for additional documents. He had not applied for H4 extension during Nov '06 as his wife just moved to US in Jan 07. Her H4 expires at the end of this month. His problem is if he can apply for H4 extension for his wife, even though his own H1b has still not been extended due to a RFE. He can continue working as his application is still pending with USCIS but can he apply for H4 extension for his wife along with the additional documentation he is now going to send to USCIS in response to the RFE? Or can he apply for H4 extension based on the H1b receipt notice from USCIS? Or does he have to wait until he receives his H1b extension approved before he can apply for H4 extension? If that is the case, what would his wife's status be after her H4 expires at the end of this month and he has still not received the approval notice for H1 extension. Anyone with some knowledge in this area, please advise.



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