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  • piyu7444
    04-21 10:52 AM
    What if this was a situation with someone who was NOT working for a NON-PROFIT but for any other FOR PROFIT corp?

    Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?

    Can I still use the peition which was approved for 3 years?
    Will I be counted in CAP and will have to go through lottery?

    I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??

    Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......





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  • mn1975
    07-17 01:12 PM
    we just came back from india (June end) to SFO

    At primary area the officer just saw AP, scanned passports, checked something in the computer and sent us to secondary area.

    At secondary inspection just submitted APs(all copies),passport. After 45 mins they called us
    returned the passport, I-94, and one original AP all stamped

    If you are married and your wife is coming alone make sure she has all original copies of AP

    We came from ahmedabad, and the immigration officer knew about AP so was smooth, but can be a real headache if airline guys are unaware of it (headache means time consuming).

    hope this helps





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  • sparklinks
    04-10 08:34 AM
    Thanks buddy !





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  • sac-r-ten
    01-08 11:41 AM
    deepakjain:thanks for the latest info on this.
    Little clarification required, what do you mean "delivered the next day betn 4:30-5:00". You mean one can collect it the next day in the evening?

    jkm2282, sorry for hajacking your post. Any updates from your side?

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak



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  • bang
    02-10 04:50 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.

    Please consult with a good Lawyer and confirm the same





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  • Rockford
    09-06 03:12 PM
    What is your RD and ND ?

    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska



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  • piyu7444
    03-18 03:41 AM
    My husband received a �Transfer Notice� for his I-485 from TSC. This is what the notice says.
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS-NBC, Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    Here is brief history.
    My PD is July-04 in EB2. I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My I-485 was filed in NSC, and then moved to TSC. Here are my ?s.
    1. What is meant by �Preliminary Processing of the application has been completed�? What is completed actually? This is just an indication that most processing is now complete.......it means they did not find any 'technical issue' with your application.
    2. I did not receive any such notice so far, is it quite normal? You will also get a notice soon. Usually both (husband-wife) gets the interview letter with a time difference of 15min-30min same date though......
    3. Came to US on L1 blanket visa and didn�t submit the approval notices for my husband, since there is no separate approval notices for the dependents coming on L blanket visa. May be is it, because of this? I dont think that is an issue here.........
    4. My husband had a DUI in March 2003, and that case was closed. It was a misdemeanor, and not a felony. Is this notice because of my husband�s DUI record? This could be the reason although 'routine interviews' are now happening but you need to take all the court documents and be prepared to explain DUI.5. Also, I raised �Expedite Service Request� twice, because of my husband�s serious heart condition, and faxed the medical letter to uscis as a proof , however this request got rejected both the times. May be, is it to verify the medical condition?. Could be but DUI seems to be more of a reason here.6. Will something related to my AOs be decided based on how we answer. It all depends on how serious USCIS takes the DUI and what kind of IO you encounter. I really can not comment on this....
    7. Can I accompany my husband for the interview? You should get an interview letter and hence you will be able to go with your husband. Also you can always take the attorney with you. This helps and you can have your lawyer talk only if it is required (when you need support to answer something or if the IO is some silly rude person - you never know)
    I am really concerned about the interview. Please let me know what you know about this.

    I have described what to prepare and details can be found at
    http://immigrationvoice.org/forum/showthread.php?t=24150&highlight=piyu7444

    Thanks.

    I hope this helps you. Just prepare everything you can for DUI and also about your job responsibility etc and be calm. Be confident at the interview and all will be good :)





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  • gcisadawg
    04-06 09:58 PM
    The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.

    Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.

    Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!

    Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.

    It's our time that we have to put up with all these nonsense.

    I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.



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  • div_bell_2003
    01-12 02:33 PM
    Search IV for an awesome thread by DhunDhun regarding EAD/AP renewal. It has everything.

    I'm on H1B and my family members are on H4. I'm still working on H1B and never used EAD/AP.

    I would like to renew my EAD/AP which has expired in Oct'08.

    My lawyer is charging huge fees and it is turning out to be very expensive to renew EAD and AP for all my family members.

    Have anyone renewed EAD and AP after such a long gap of expiry? Will e-filing
    help or paper filing is efficient? Any experiences from forum members regarding
    this will be appreciated.

    cheers
    Iad





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  • hazishak
    08-01 09:28 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    hello .....somebody ans meeeeeeeeeeeeee



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  • Mount Soche
    12-07 09:03 AM
    Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...

    Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
    The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).

    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .





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  • lazycis
    01-13 04:47 PM
    I live in northern california and has written letters to congressman, first lady but not response.

    Northern Cal is arguably the best district to file Wom. You can give it try. What is the USCIS response?



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  • loudobbs
    09-10 03:52 PM
    I have my labor approved as consultant but the Occ code is 189.167.030 which is Program Manager. I am not sure which one is valid. Also when using AC21 should the new job description match the responsibilities stated for the Job Description or what the employer described as job duties in the application?

    Any thoughts???


    There is a title called consultant. I have labor and I-140 approved on this title.





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  • Anil_s
    06-28 08:15 PM
    Hi,

    I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.

    Now can I apply for H1B for the year 2009?
    Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
    Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
    How will it affect my wife who is in L2B currently?

    Regards,
    Anil



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  • ppt.b
    11-19 12:04 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.


    Not sure if that is the right way to go.





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  • VivekAhuja
    06-02 07:34 PM
    No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.



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  • fullerene
    06-30 09:11 AM
    CIR is dead and DOS is trying to revise its VB. these two are good news from some aspects. They will help us to concentrate our focus on strategy. Here are some of my suggestions:

    1) We may have limited power to speak out alone. But we can unify all groups, parties or sources which will benefit our strategy, such like business group, AILA/AILF, Ombudsman of USCIS, some media reporters and capitol hill insiders.

    2) Short term strategy - To revise petition process
    a) I/140 and I/485 are the continous steps of the process for imigration petition. Right now. they are broken by VB. Applicants with approved I140 should file petition right away.

    b) Following Ombudsman's suggestion included in his 2007 report, we shall suggest that the visa number shall be issued within 180 days of the processing window regardless the visa number availability and conclusion of the name check. The procedure chance will significantly improve the VB predition and limit the waste of visa numbers or revision of the VB during the middle of the month.

    c) Started with new fees, the application of I-485 will be a package including AP and EAD. The renewal of AP and EAD will be removed during the pending of I-485. Then following the suggestion b, we shall request USCIS to provide a case process report after 180 days indicating the status of the process if it can not be concluded within 180 days.( reasons maybe name check or visa availability). Furthermore, USCIS shall have temporary green cards for the applicants whose applications have been approved but the green cards could not be issued due to other reasons as mentioned above. and teh temporary green cards shall be renewed peroidically or be replaced by formal cards if everything is clear.

    d) name check shall be concluded within a reasonable time window. Otherwise name check won't be a sense. Generally speaking, people with a longer history will take more time to complete the process and people with all documentations will take more time to complete it compared with illegal ones since they don't have any records at FBI. Also validation will be questioned if the process takes too long. If the process takes three years, so how to make sure that there is nothing during these three years? Also most of us report our status faithfully, have inspections when re-entering the states.

    e) In order to avoiding wasting visas, USCIS shall have some time to complete the previous year's visa left-over, such as first 2 monthes.

    3) Long term strategy- flexible visa cap according to market requirements





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  • girishvar
    08-15 12:11 PM
    There is a USCIS memo on Merger and Acquisition released some time in 2003/2004. I am not able to locate that. I have used that memo to continue my H1b.





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  • jthomas
    04-07 03:46 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    you don't have to go to india to restamp your H1B. you can rather stay here and whenever you are going out of the country you need to get h1B stamped.
    Regarding TARP received bank, the rules may even change when you had gone for a vacation. Its better not to go back during recession and most important keep your eye open for another job position.
    I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.





    amitga
    07-15 12:47 PM
    You are not allowed to re-capture unused photos. This would require a legislative change.:D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?





    san3297
    03-24 08:53 AM
    I too heard the same it has a passive investment similar to stocks.Just wanted to know if anyone is operating and owner of website.Thanks for ur replies.



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