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Written By muthmmuuuaaanniish on Saturday, June 25, 2011 | 9:03 AM

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  • Oct007
    11-02 11:17 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.





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  • nrakkati
    08-15 02:23 PM
    Is your packet is signed by R.Williams? where is your I-140 approved? and what is your PD?

    I-140 approved at NSC
    PD is OCT EB3





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  • getgreensoon1
    04-07 04:02 PM
    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

    A reputed university = very few or no gultis. TVU had only gultis...so did not qualify.....





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  • frostrated
    08-10 10:09 AM
    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.

    140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.

    If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.

    If you have any questions, send me a PM and we can discuss.



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  • waitforgc1
    05-07 11:39 AM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.





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  • raj2007
    02-19 11:00 AM
    Consult a good lawyer.

    Is your spouse a US citizen? Do you want to use I-130 based greencard option?

    After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

    As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

    Your priority should be:

    1. How to avoid this 180 day situation

    2. How to maintain status

    -by EAD only
    -or by H1 (cap or non-cap)

    3. How to attain GC

    -By I-130 only or

    are there other options

    If your spouse is a citizen, usually GC will be done in 1 or 2 years.

    You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

    Again, a good lawyer will be your best advisor.


    His status is fine as he filed AOS. Only issue with travelling abroad.
    There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.



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  • pappusheth
    05-01 11:40 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth





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  • tejonidhi
    11-27 01:20 PM
    My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
    Thank you



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  • xbohdpukc
    03-06 06:29 AM
    Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.

    Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.

    They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.

    What a mess 180% fees increase on most of the applications?

    I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
    But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.





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  • HelloWorld2007
    09-11 11:54 AM
    Can anyone pls tell me what is the procedure for postponing one's fingerprinting appt. I am planning to travel outside US once I receive my receipt notice. Also, for how much time can the appt be maximum delayed..

    thanks



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  • unitednations
    02-27 12:27 PM
    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!


    This is why consulates and uscis are so tough.

    You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

    Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

    Sorry, not much good news for you.





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  • swamy
    12-24 10:46 AM
    Hi

    Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD

    Nope - it does not legally bind you though it hurts your credibility.



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  • hiralal
    06-22 06:40 AM
    hi,
    from what I have heard TB can be deadly. (btw I am not a doctor). I don't know what your post means but if it seems that you do have some form (or mild TB or whatever) ..then do take advantage of the treatments that are available ..health is wealth (esp go for treatment if you have insurance etc)





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  • kurtz_wolfgang
    08-15 12:27 PM
    Please Help Gurus....:confused::confused::confused:



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  • rahul2699
    05-16 08:50 AM
    Hi
    Thanks for the replies

    Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:


    You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

    If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



    My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

    Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?

    While applying for H-1 extension/initial filing/transfer one has to specify whether they are requesting a change/extend status or they prefer consular processing. The difference is when the change/extend status is requested, an I-94 is appended to the approval (I-797A) which gives an individual right to stay in the country with out getting a visa stamped.
    Consular Processing means one has to go to a US consulate in a foreign country/country of birth to get visa stamped before the H-1 approval (I-797B) can be used to work. I believe portability act suggests that one can start working for the new company while transfer is in progress with out having to wait for the approval. Hope this answers your question.

    ** Not a legal advice





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  • dartkid31
    05-18 12:13 AM
    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.


    Has there already been a vote to kill F4? If so, do you know what the amendment nummber is? Thanks.



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  • tnite
    07-26 09:27 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!


    I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
    But looking at the possible choice you have mentioned :

    1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.

    2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.

    3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.

    But my choice would be the first one. It's not risky for the reasons I had mentioned.
    my 2 cents





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  • ram04
    02-03 06:14 PM
    Infopass confirmed approved and I got it by mail after 30 days.
    After on line status change it is 14 days.





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  • GCBoy786
    09-14 05:06 PM
    We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

    My friends is answered differently. His is from TSC and mine are from NSC.

    Does any of you know what does "UNKNWON" mean and what consequences it might have.





    xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"





    jungalee43
    09-15 03:41 PM
    I received following e-mail from americasvoice a short while ago. That gives us some taste of what is coming. Remember for FAIR legal, illegals, undocumented all mean only one thing: -"ALIENS".
    The mail: -

    "Members of the anti-immigrant group -- the Federation for American Immigration Reform (FAIR) -- are taking Congress by storm this week.

    They have been advocating for the mass deportation of 12 million people -- or for making life so miserable for these immigrants and their families that they leave on their own. They have well-documented ties to white nationalists and have been designated a hate group by the Southern Poverty Law Center.

    FAIR is going door-to-door with Members of Congress this week to push their agenda of hate and intolerance.

    We need your voice NOW to counter the hate!

    Ask your members of Congress not to meet with FAIR:

    America’s Voice | It's Time to Fight F.A.I.R. (http://americasvoiceonline.org/fightfair)

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