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  • dupedinjuly
    07-18 03:50 AM
    http://www.nytimes.com/2007/07/18/washington/18visa.html





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  • sbmallik
    06-24 10:18 AM
    Yes, I would attempt Premium Processing on the pending I-140 first so that I can invoke AC21. I never heard of anyone's GC process jeopardized due to H-1B denial.





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  • webm
    09-10 05:31 PM
    Even i'm in the similar situation..

    Online status,CRIS email says AP approval notice mailed on Sep2nd,2009 (TSC), but still haven't received it on hand..

    We never know this crazy CIS system...May be have to wait till 30days and call the customer service.:(





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  • alterego
    01-04 09:30 AM
    Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.

    What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?



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  • arnab221
    11-21 03:09 PM
    The airlines generally take them away and send it to USCIS.





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  • santb1975
    11-16 08:06 PM
    This Holiday season .... Give a gift to IV

    --------------------------------------------------------------------------------

    With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers



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  • lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!





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  • newbee7
    07-04 06:33 PM
    Thanks for sharing your story! All the best..



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  • chanduv23
    12-08 02:47 PM
    To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv

    U r most welcome. Thanks for taking the initiative.

    We need more people taking initiatives on this.

    Folks, please come forward now. IV is your group. IV is "we all combined together"

    Together we can make a difference. Sitting on the fence and doing nothing does not do any good for us.

    Come on folks, all guests will now become members
    All inactive members will now become active members
    All non contributing members will now start contributing.

    Go IV go





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  • VenuK
    06-15 01:20 PM
    hi,
    Can someone help me with the situation i'm in.
    I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
    query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
    X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
    first one was make an appeal with right documents. second one was to leave the country in 30
    days which i has NOT choosen obviously.
    In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
    APPROVAL on my H1-B Transfer with new company.
    I-94 that i have on my passport is with Old company(X) .

    Question is:
    I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
    when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
    Do i really need stamping to go out of US to visit my native country?

    Pls advise. Any answers would be appreciated



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  • Lasantha
    09-04 09:45 AM
    I don't think they are asking AILA for help. This looks like it was initiated by AILA.

    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.





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  • desi3933
    01-23 01:15 PM
    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?

    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.


    You should be fine. From these details, it seems you were not out of status.

    Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.





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  • bobzibub
    05-08 03:20 PM
    My opinion:
    ...
    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
    Call you Zoolander! :D
    Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p

    PS: my java coding is being a pain in the butt today.



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  • GCanyMinute
    08-22 03:48 PM
    :) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
    Thanks in advance for any help. :D





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  • arrarrgee
    07-18 10:40 AM
    Diggggggedddd :D

    Dugg!:)



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  • humdesi
    12-13 09:35 AM
    This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.





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  • GCard_Dream
    04-05 04:37 PM
    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.

    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.





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  • Marphad
    01-08 02:49 PM
    I read on www.immigration-law.com

    01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

    Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.

    Keep the fingers crossed :)





    zCool
    04-03 01:30 PM
    In that case, just do the best you can,
    This type of issue used to be answered and helped by unitednations
    In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase





    izolo
    06-07 06:26 AM
    first sorry for multiple posting, it was by mistake as it was the first time posting. then thanks for the answers. Of course it is a real job with real payment, just remember my application goes back to 3 years ago and and I finally got it with lots of efforts to keep this opportunity. I never thought they might give the visa just for 3 months. now I have to think about all options. Does anybody have any other suggestion?