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  • nk2006
    05-03 08:01 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)

    You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.

    The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.

    Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)




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  • chanduv23
    09-14 03:50 PM
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  • glus
    01-24 09:13 AM
    Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

    Meanwhile anyone with any other opinion is welcome here. Thks all

    hi there:

    One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.

    Best Regards,




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  • veni001
    03-31 12:40 PM
    What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

    Thanks in advance

    If the old employer withdraw his petition (that's what most employers do to be on safe side, in this economy) before new employer's i-140 approval then you can not port old priority date.



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  • bluez25
    08-26 02:41 PM
    Hi guestforgc,

    If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?

    Contact your attorney and see what are your options.




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  • OLDMONK
    04-17 02:42 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..



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  • tikka
    07-05 11:24 AM
    OK.. We have almost 200 Ready to send flowers...

    http://immigrationvoice.org/forum/showthread.php?t=6025


    1. The date will be July 10.

    2. Color of the flower is white (peace)


    Q1. Let us know Where to send....

    Q2. Also if you can pen 3 or 4 lines what message to send along with the flowers.

    please check




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  • sunny1000
    06-19 03:00 PM
    My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.

    Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.



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  • martinvisalaw
    03-18 03:30 PM
    Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

    It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.




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  • gimme Green!!
    07-31 02:06 PM
    My understanding is once you use the EAD, your H4 & H1 status is no longer valid and you cannot have the H visas for backup. Hence the need to get AP, etc, rathgere than reenter on H visa. Check with an attorney.

    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?



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  • Prashanthi
    10-20 05:15 PM
    My advice you need to prepare a comprehensive package of documentation since your case is really messed up.

    1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.

    2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)

    3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.

    4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.

    I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.




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  • wandmaker
    11-15 08:31 AM
    2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
    .

    If you read along the same lines....

    Thank you roseball. What is H1 COE?

    COE = Change Of Employer



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  • snathan
    02-01 09:35 PM
    Q. Who is an optimist?
    A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

    Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

    How come a wife can have another wife...:D if you are not aware the OP is a girl.

    You didnt tell which movie cd...?




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  • reddy77
    09-26 12:21 PM
    Applied on July18th NSC , got the receipts, but no update on AP or EAD, No LUD's too ..



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  • TomPlate
    02-03 02:54 PM
    I am going to travel to India.

    I am in H1B and have valid Advanced Parole and expired EAD.

    What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.

    1. 485 Receipt Notice.
    2. Copy of 140 Approval Notice.
    3. Employment Verification Letter.

    Anything else? Please let me know.




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  • martinvisalaw
    07-06 04:42 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."



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  • aadimanav
    09-05 03:56 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:




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  • vivache
    09-19 01:46 AM
    "They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."

    What does being a member mean?
    does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.

    Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)

    "Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
    Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).




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  • binadh
    07-09 01:52 PM
    I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???

    I learned my lesson and just want to teach him something out of this as well. HELP ME here?

    Lawyers do not refund any payments (period).

    An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.




    tikka
    08-06 09:48 AM
    ...bump...


    I will be there..




    snathan
    01-31 09:57 PM
    Dear all,

    I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?

    I rely on him for all this but I get no help.

    Thank you for your support.

    Again, my apologies.

    Give it me and will keep it safe for you....:D

    It depends on how much you have to invest, whats your future plan, your background and if there is any family property....

    Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.

    Or consider option one.



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