Wednesday, June 8, 2011

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  • Nikith77
    02-20 06:03 PM
    Hi

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.




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  • austingc
    12-26 10:41 PM
    Dear Mr. Rude Know it all aka austin gc,

    I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

    I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

    On the topic, the thread opener can talk with his lawyer on what i posted.

    Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

    Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

    varumo_varatho,

    I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.

    Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.

    You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.

    If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.




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  • shortchanged
    08-03 10:25 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
    It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
    Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
    Enjoy your weekend man...............




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  • snathan
    02-17 08:03 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.



    Thanks...


    If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.

    If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.



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  • ek_akela
    06-05 10:16 PM
    can't make it to DC, made a contribution of 100$

    Transaction ID: 9BC03733FT1686746




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  • visa_reval
    04-05 04:23 PM
    I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.



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  • vidyakulkarni
    02-05 06:26 PM
    what is OCI??




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  • gsc999
    07-11 02:59 PM
    /\/\/\/\/\
    Indio:

    Can you please change the San Jose rally link on main page to this thread
    http://immigrationvoice.org/forum/showthread.php?t=6365

    The old thread is from last week rally in San Jose. I have started a new thread with the updated info. on this one.



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  • eb3retro
    06-04 07:25 AM
    dude..have some patience, people will respond. you dont need to open multiple threads for the same question..


    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




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  • techbuyer77
    06-20 11:20 AM
    File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)



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  • Prashanthi
    06-23 05:53 PM
    On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.




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  • enggr
    06-25 10:02 AM
    The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)



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  • cjain
    11-01 06:28 PM
    next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy

    And how does this news add any values to our issues here ????




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  • seattleGC
    03-28 05:24 PM
    Is part-time H1 and full-time student without F1, a problem with Univ.?

    I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?

    Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.



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  • bodhi_tree
    12-15 11:20 AM
    I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..

    I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou




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  • manderson
    04-23 08:50 AM
    DOL (Department of Labor) will give ur company a tracking/receipt number. ask ur company to check the status of the case using that number from DOL website.

    hope that helps



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  • aamchimumbai
    07-23 12:05 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai




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  • tabletpc
    05-28 11:32 AM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....




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  • Anysia
    03-03 10:08 AM
    FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:

    Title 68: Professions and Occupations
    Chapter VII: Dept of Finacial and Professional Regulation
    Subchapter b: Professions and Occupations
    Part 1340 Illinois Physical Therapy
    Section 1340.20 (a)(2)

    Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)

    Section 1340.20 (a)(3)

    "Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"




    doesntmatter
    05-20 09:47 PM
    lfadgyas - Thanks a lot for replying to my query.

    First I have to apologize I missed out a detail in my question - will update my post to reflect this too. After Nov, 2007 the status of the L1-Extension application has been changed to Denied on April 3, 2002.

    I did have a question about working during L1-Extension, I have been doing research since my last post - please read below:
    8cfr274a.12
    -----------
    20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to �� 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

    Will that put my case in a different situation? If I did start counting, shouldn't I start counting after April 3, 2002 to Sept 2, 2002? That is less than 180 isn't it? Or is this not even applicable?

    Thanks a lot for responding once again.

    Do you or anybody have recommendations of Lawyers?




    tonyHK12
    10-11 11:11 AM
    It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.

    On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
    Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
    They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.



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