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  • kiran24
    06-23 04:48 PM
    somebody please reply

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  • Sandeep
    02-01 05:19 PM
    Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports ( attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders

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  • mdross2
    11-16 01:19 PM
    Hi All

    I have a query, Maybe some of the experts here can help me out.

    1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
    2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
    3. In 2006 I switched to company C. (I have the original for I-797A)

    All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.

    Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)

    Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?


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  • sgupta33
    08-28 03:51 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.


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  • thomachan72
    09-14 06:30 AM
    You cannot work with an expired EAD. End of the story.

    But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.

    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?

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  • gclabor07
    02-13 11:33 AM
    Thank you everyone who responded to my post. I'll take the lifetime learning credit. No point in giving money to uncle Sam.


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  • shirish
    03-12 02:54 PM
    This is not a PD transfer case rather it is AC21 case.

    One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.

    Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.

    Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.

    I have NEVER worked for employer X, It was a future position and I may still join them.
    I have approved 140 and 485 is pending for about 9 months.
    EAD is approved and so is AP.

    Please help guys!

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  • Reddy1576
    07-27 12:03 AM
    I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

    So there are 2 I-140's with the USCIS.

    Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

    Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

    Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

    Now, I filed my H1B extension , What will happen to the H1 extension ?

    and What is my status now?

    Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

    Any help would appreciate



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  • gchandu
    12-08 05:09 PM
    Hi Raj

    You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....


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  • roseball
    03-07 03:25 PM
    Still valid meaning it has not expired.


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  • enqueued
    12-18 12:53 PM
    amsgc is right on all answers. For #3, you need a copy of I-129 as well

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  • InTheMoment
    11-17 02:51 PM

    My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.

    As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.

    If you want I can e-mail his deatiled FAQ to you.



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  • drirshad
    07-09 04:56 AM
    LCA at 485 level should not be considered and that could be the reason u never heard of one .....

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  • immilaw
    09-14 12:44 PM
    Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.


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  • paskal
    08-22 11:32 PM
    Hi Sunil,

    We are happy to provide you all the info and include you in planning the trip.
    Please click on the link in my signature below for the iv-mn-mw chapter
    Please do provide all the requested info and I will be delighted to add you to our google group. We may be having a conference call soon to discuss the trip so do join up asap!

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  • glus
    11-06 01:49 PM
    I wonder if anyone has any info about this.
    A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.


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  • martinvisalaw
    06-12 05:18 PM
    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.

    Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.

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  • Saiom19
    08-09 12:07 PM
    I think "augustus" worry is related to the application acceptance ...what if USCIS sends it back post August 17, 2007? One way to check that USCIS has accepted application is cheque clearance....well we are all in the same boat......Happy sailing!!

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  • chumki
    12-18 02:21 PM
    gcwait2007 ,

    I was told that filing AC-21 memo to CIS is NOT mandatory under law.

    why do I "have to " to file it?

    one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140

    If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?

    Please advise your thoughts

    08-24 02:01 AM
    Thanks for the reply, hibworker.

    Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.

    03-26 12:32 PM
    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!

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