Sunday, June 12, 2011

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  • cheg
    08-20 10:00 PM
    you'll see your private message (PM) on the top right side of your screen. Just click on that. :)

    GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!

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  • roseball
    12-27 06:17 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice

    You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.

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  • vnsriv
    08-31 12:58 PM

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  • sayonara
    07-18 04:03 PM
    Does this mean Interim EAD option is not available any more? Was there a press release for this?


    1. Can we use AC21 provision without EAD card ?

    Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.

    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?

    Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.

    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.


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  • Canadianindian
    07-22 06:34 PM
    If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

    Confirm with the co lawyer also.

    Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.

    Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?

    Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?

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  • eb3retro
    01-07 05:46 PM
    thanks a lot folks. that was great info. thanks to everyone who responded. still did not make up my mind if i have to go ahead with claiming UB.


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  • hijackers
    04-27 10:24 AM
    Since you got your H1B approved, it is risky to take another chance with lottery. With the approved H1B you can transfer it. In the meantime from this time till October you can get your OPT extended but you have do it within 30 days of receiving your H1 notice. Dont worry, you are not out of status. Look out for a job now.

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  • axp817
    06-15 01:10 PM
    I see no risk in this, unless he is also on an H-1B visa. The H-1B requires him to always be employed, and being on the bench (not getting paid) would be a violation of those terms.

    But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.

    Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)


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  • immigrant2007
    09-26 12:46 AM
    time to sart a campaign.....hey I am legal, I applied for GC in 2001 and govt will give it to me after it has given to all 245i, and everyone and that happens to be in 2012, so how abt guys in 2002,2003,2004?
    When it was time to give GC govt wasted all our numbers now they dont want to give us.

    BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?

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  • Eb3_frustrated
    07-24 03:55 PM
    I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.

    So if SKIL bill gets passed we should be fine, but when is a big question ???


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  • clockwork
    07-18 05:41 PM
    just emailed... it should have 4 pdf files.

    Done buddy. Please look at my previous post. Thanks for sharing info. :)

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  • amitjoey
    11-30 06:12 PM

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?


    Dont worry, IV is not a bureaucratic government organisation. Simply join the new state chapter and start working with them.


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  • gcformeornot
    06-30 08:36 AM
    You are a line jumper. Get out of here..:mad:

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  • kaisersose
    08-24 06:06 PM
    Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.

    That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.

    Occasionally an isolated case sneaks in.

    Like someone posted this morning that he received an ead although the lawyer says he never applied for one!


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  • kaisersose
    06-23 11:51 PM
    Gurus, help needed urgently - I had mailed my I-765 on Saturday via express delivery to the Texas Service Center as I live in NJ. The address I sent it to was
    Texas Service Center
    P.O Box 851041
    Mesquite, TX 75185-1041

    I checked my USPS tracking status, and it says the following

    We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?

    Yes. I sent my ead renewal app on friday to reach on saturday. On saturday, when I checked the status, it was exactly the status you have written. When I checked again this morning (Monday), it said the mail was accepted at 5.30 am this morning.

    I find it hard to believe the mail was delivered to and was signed by someone at USCIS at 5.30 in the morning. So I think it is just a problem with USPS and the way they update status.

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  • akhilmahajan
    06-22 08:24 AM
    I-485 can be rejected if filed with incomplete initial evidence.

    Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.

    It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

    Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

    I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............


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  • rkat
    02-06 01:27 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!

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  • sdrblr
    08-06 06:21 PM
    LUD on 7/13 ..... still waiting with a current PD

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  • phillyag
    07-18 03:07 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    07-23 02:46 PM
    Read this discussion thread (

    and also this one (

    Together - those two threads have faaaaar more useful information than I have ever needed for my tickets.

    04-05 07:42 PM
    Does anyone have recommendation for a tax consultant in northern VA?

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