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  • gcdreamer05
    10-31 11:31 AM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

    OR

    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..

    Thanks,
    Raj.

    Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.

    Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...





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  • sagittarian
    12-19 10:32 AM
    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.





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  • indyanguy
    05-08 04:15 PM
    I am not sure if it's worth the hassel of trying to interfile. Since EB1 is current most of the times, it may not be worth trying to recapture the EB2 PD.





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  • maximus777
    12-09 03:09 PM
    in this environment where jobless rate is pushing 10%, i.e., one in ten Americans is without a job! Not trying to be negative here, just reconciling with the present reality and trying to re-adjust my expectations. Just have to hope that the economy picks up steam next year and optimism returns.



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  • pani_6
    07-03 11:12 AM
    EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....

    1) Convert to EB-2 ?.

    2) wait for legislation from Logfren to pass

    3) wait another 3 years...already in the Queue from 01..


    If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..

    Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???

    Please help me decide...
    thanks





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  • swo
    08-03 08:04 PM
    I forgot my password, and security question’s answer.


    Hmm...and let me guess. You're applying to immigrate as a highly skilled IT specialist? :D



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  • ashkam
    02-25 01:00 PM
    She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.





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  • rbharol
    08-19 02:39 AM
    I could find this useful. I am in my 6th year expiring June 1, 2007. My employers are just about to file LC, so I guess being able to process I140 by premium will enable me file for a three year extension before my current stay expires.
    May be they did it for those who are in 6th year and did not file LC 365 day before 6 year expiry.. Now they can file LC in perm get approval fast and then get Premium 140 to get 3 year extension on H1B.



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  • GC08
    05-21 07:29 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy

    Yes. :)





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  • AtulKRaizada
    07-18 06:12 PM
    A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.

    Welcome to the world of white collar politics.:)

    This is ridiculous, there is a saying that even a mom doesn't feed her own child unless he cries.

    I strongly feel that we should make a genuine effort.



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  • hpandey
    01-24 12:34 PM
    Maybe your lawyer should jump into the well or go back to school ;)





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  • dreamworld
    11-09 02:58 PM
    If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.



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  • boreal
    09-07 11:32 PM
    OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks

    Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?

    Thanks in advance,
    B





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  • SertTurk
    07-18 01:51 PM
    Hello,

    I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
    My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
    Can someone confirm this?
    Is there a solution?
    Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)



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  • hpandey
    10-26 10:51 AM
    Non - English speaking or not isn't it the responsibility of the driver of the vehicle to drive following the rules of the Road. Why make a U-turn where it is not allowed. Why turn when it is written NO turn on Red. Is it the fault of the sign that you cannot read English.

    US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. The DMV cannot post sign in hundreds of languages that different people speak.

    If the driver violated the law he must be given a ticket unless it is his first offence when a warning would be sufficient. Rules are meant to be followed.





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  • feedfront
    08-25 05:04 PM
    Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).

    All the best. Hope you become green and recyclable (job wise) soon :)



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  • jcrajput
    12-31 09:26 AM
    Thank you for your help. I really appericate your response.
    I have one more question. How I can apply for AP? How long AP is valid for?





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  • ajay
    08-16 08:41 PM
    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA
    The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.

    Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).





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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State





    glamzon
    07-19 12:56 PM
    one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..





    desi485
    02-25 05:39 PM
    The title of this thread should be: "God of Cricket".

    Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)

    "Former England skipper Nasser Hussain said the knock - the first-ever 200 in the 50-over game - should settle the debate on who is the greatest of all time, Tendulkar or Don Bradman.

    "I have never liked comparisons between great players, but after Wednesday's incredible game it must be said Sachin Tendulkar is the greatest of all time," Hussain wrote in Daily Mail."

    I think that 'Sir Don Bradman' should be called Australia's 'Sachin Tendulkar' :rolleyes: