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  • desi3933
    07-09 11:57 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?

    Yes. As long as I-140 is not canceled or revoked.

    Not a legal advice.

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  • amyleu
    06-18 12:55 PM
    I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

    1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

    2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

    3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

    4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

    Anybody, please advise. Thank you very much.

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  • bhagat69
    04-23 12:24 PM
    My employer is refusing to give me EB3 I-140 copy so I am stuck. Can I not port from EB3 with old employer to EB2 with new employer without copy of EB3 I-140 COPY.. It is a huge firm and they say it's against company policy to give me even a photocopy of the document, please advise.

    Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?

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  • rathodman
    04-28 12:54 PM

    I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:

    1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
    2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
    3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
    5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?

    I'll really appreciate your response on this.



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  • cagedcactus
    05-01 12:01 PM

    check it out.......

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  • dskhabra
    04-02 01:12 PM
    I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.


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  • shined129
    07-08 08:58 AM
    Yes paid through ssn and paid taxes

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  • gondalguru
    07-19 11:07 PM
    Just curious.

    Who played what role in the reversal of USCIS/DOS decision?

    Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?

    May be all of the above had its unique impact on USCIS's decision to accept I-485?


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  • bayarea07
    02-04 04:30 PM
    I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).

    However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
    Is that a valid thing to do or do i need to re-stamp my visa.

    fyi.. my H1 was extended by 3 more years because of pending I-485 Application

    Few More Details to Add Here -
    I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.

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  • guyfromsg
    09-21 10:17 PM
    Thanks for everyone who joined today..Appreciate it. Please free post your thoughts/suggestions in the group.


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  • amitjoey
    07-03 05:27 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.

    I485 approved means GC Approved.

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  • roseball
    08-25 06:36 PM
    My Permanent residency is being processed thru Employer A (I-140 not done yet).
    Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.

    If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?

    If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?

    What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:

    Your answer/advices are highly appreciated.

    GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.


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  • dc2007
    10-17 06:45 PM
    By courtesy copy do you mean the original I-797C?

    I am also in the same situation. I didn't get the copy and lawyer got copy today only. Appt date is this Sat.

    Lawyer has emailed me the scanned copy. Can I take this copy for FP ?


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  • nk2006
    05-12 01:57 PM
    This really seems moving now. This may be the best time for the CIR to get passed in Senate. Conference may be different ball game but right now momentum is picking up and we (IV) has to do one last effort for our amendments.

    Bush administration seems finally pushing hard on CIR:

    In NY Times:


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  • watzgc
    11-05 04:27 PM
    Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.

    we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.

    1. do we need to call USCIS to change the location and date ?.

    2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.

    3. I have updated the address in USCIS using online AR-11 already.

    Plz share your experience/advise...

    PD : mar-2005

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  • pappu
    06-03 10:49 PM
    get a zebra.

    No wait. Tell your friend to get a zebra.



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  • eastindia
    11-10 08:09 AM
    There was a lawsuit to recapture green cards by Chinese immigrants many months ago. Is there any update on it? Have they lost or won?

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  • agupta2683
    07-08 03:07 PM
    I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "

    I would really appreciate if you can educate me of what I might be doing wrong.



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  • keaby
    01-18 09:57 AM
    I mailed my first EAD application in the last week of Dec/09.
    Never thought it would take so long for receipting, and worried something wrong in my application..
    Good to see others ...
    Will wait further then..
    Next time will go online..although it requires a trip to local office for biometrics

    05-16 10:38 PM
    We can all hope for the best, Is this an attempt by some vested interests to kill the H1b altogether and kick out all H1bs slowly?

    11-09 08:22 PM

    My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.

    Your reply would be appreciated

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