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  • sc3
    02-12 07:52 PM
    First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.

    Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.





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  • leo2606
    09-15 08:07 PM
    andy_8214,

    You are saying chandu opened 8 threads for the same topic.And you are saying he got lot of free time in his hand.Other side you are trcking all his threads, what should we say about it?Looks like you also have lot of free time, try to come to DC rally please.

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"





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  • deba
    07-03 06:07 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?





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  • gcnirvana
    04-30 01:56 PM
    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"
    Shocked to learn that even after CIR or SKIL passes, we will have to wait 8 yrs to get our GCs. If that wasn't shocking I wonder what else would be:confused:
    In your example, its like saving him from drowning, giving him first aid and then throwing him to the sharks!!!



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  • tabletpc
    03-18 11:01 AM
    If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
    Otherwise you have no other option than using EAD.





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  • subba
    02-27 06:57 AM
    Just an update from my front, for the info of anyone else in a similar boat.

    Consulate issued me a stamp to 4/30/2010.
    I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.



    Here is my situation:
    Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
    Have another 3 year extension approval ie., 5/1/2007-4/30/2010.

    Will be travelling to canada on Feb 22nd for visa stamping.

    Few qns:
    1) Will the consulate issue me a visa all they way to 4/30/2010?
    If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?

    2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.

    Anyone have any experience with a similar situation?
    Your help will be appreciated.



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  • GC_1000Watt
    01-05 03:02 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?

    This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
    I will appreciate your thoughts on this.





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  • gbof
    01-28 09:16 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.

    I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.



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  • rocky17105
    07-29 11:19 AM
    of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.

    I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.





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  • dvvb
    03-01 01:53 PM
    My case:

    Worked with Co. A from 2000 - 2005
    Labor filed in EB3. Priority date May/2003

    Worked with Co. B from 2005 - 2008
    Co. A Labor approved in Feb 2008
    I-140 filed and approved in Mar 2008
    I-485 Filed in June 2008 as future employee

    Working with Co. C from Nov 2008 on EAD.
    Now Co. A filed for chapter 11 and closed their shop.
    Atty. from Co. C said to file AC21.

    What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?

    Anyone in similar situation or have an idea next steps.



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  • realizeit
    08-01 03:32 PM
    HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ

    Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&


    Press Release of Senator Menendez
    SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES

    E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening

    Friday, August 1, 2008



    WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.

    Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.

    �Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�

    Summary of The Visa Efficiency and E-Verify Extension Act of 2008:

    Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.

    Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.

    Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.

    Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.

    Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.

    Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.





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  • Panchtantra
    09-01 04:06 PM
    I think I am the "Chosen One" for investigation :-)


    You arent alone, my friend :)
    I am waiting too - similar story as yours....



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  • go_guy123
    12-09 10:05 AM
    Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?

    I don't know who is worse the democrats or the republicans ...

    Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).





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  • IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire



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  • WTFever
    12-02 04:51 PM
    Hello everyone. Sorry if this is the wrong section.

    My mother has trouble with her knees and it is hard for her to do things around the house sometimes, and it is getting worse. She would like a live-in person to make things a little easier on bad days. She just needs someone that can help with or do everyday household chores, but does not require professional health care support.

    She has a friend in the philippines doing christian outreach work. The friend introduced her to a nice lady willing and able to come assist mom, and they chat often and have become friends. My mother would like to bring her to the USA to help around the house, and maybe enroll her in school since constant care is certainly not needed. (There are several good colleges closeby)

    I have tried researching it for her, but am now honestly confused. As far as I could make out, mom would need to get the lady here on H-2B....but i could be wrong.

    Can someone give us some advice please?

    Oh, one other thing. The condition of mom's knees are still up in the air with the docs. It is unknown whether surgery will be required, or how long healing might take...if it occurs at all. I don't think she can get the lady an indefinite stay, but I think she can come here and the lenght of stay be adjusted if needed.

    Thanks for any advice or help you can offer. I hope to be able to get a 1-2-3 condensed version. My eyes are bleeding from reading rules and regs


    ----------------------------------
    Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts. -- Admin





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  • ramaonline
    12-03 12:19 PM
    I got my visa re-validation (re-stamping) done at Mumbai consulate on Nov 12. This was my 3rd H1B stamping. The previous 2 stampings were done at other consulates. These were the only questions asked:

    1) Which company you work for?
    Answered
    2) Reason for visiting India
    Ans - For visa revalidation and to visit family.
    3) How will your spouse and child travel since they are not applying with you?
    Ans - Child is US citizen and spouse will use AP.

    The officer informed that the visa is approved, and the passport will be sent by courier. I had just about every document that you can think of, but not a single document was asked.



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  • NKR
    10-09 01:27 PM
    i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.

    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.





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  • johnamit
    06-30 08:49 AM
    If I were you, I would decide office by Receipt Number EAC/LIN





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  • ohguy
    02-12 10:42 PM
    No I did not receive any RFE earlier to this. It was in that Initial Review status all the time.





    deba
    07-03 06:07 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?





    nk2006
    11-12 10:15 AM
    Hi Connecticut members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.



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