Monday, June 27, 2011

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  • roseball
    01-13 03:15 PM
    My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?

    I have EAD with the same employer but not using.

    Is anybody in the same situation?

    thanks

    Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.




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  • gc_chahiye
    07-14 11:29 PM
    by filing that I-140 that LC became yours and so now you have that one year old LC that you need for the 1 year extension.

    When premium processing opens up, you may want to upgrade your I-140 to premium and get the 3 year extension instead, up to you

    if you have one I-140 pending, the second one cant be made premium, but can still be filed in regular.




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  • mdforgc
    02-20 05:47 AM
    I read the link posted. This is an independent think tank about movement of people worldwide and the report in general analyses the three upcoming bills in relation to EB and non EB immigration and illegals. Overall the bill states that immigration is of benefit to the US and the degree of benefit depends on the legality and skill level of the immigrants, and they suggest that Family category 4 and DV category should be eliminated and used for EB immigration and also suggest readjusting the per country cap to accomadate for the reality of more immigrants from the retrogressed countries. I think this is good and we should include this in our presentation to the lawmakers, this will carry good weight.




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  • gdhiren
    09-07 11:28 AM
    Let's go folks. This needs to stay on front page at least whole day Today.



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  • bharat2008
    08-17 07:25 PM
    Hi all,
    I am currently out of USA.My new employer has submitted H1 Transfer and extension of stay.
    The petition has been approved along with new I-94. I have the original I-797 with me .

    I understand that we have to surrender I-94 before leaving USA.But in my case I got I-94 after I left USA.Now I need to go for visa stamping in India.

    Should I submit the new I-94 to the US consulate in India?

    Please advise.

    Thank you




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  • freddyCR
    March 9th, 2005, 12:16 PM
    Thanks for your suggestions.
    It is from our mistakes, that we learn.
    Regards

    handless's Stamp [Archive] - kirupaForum

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    handless
    04-16 03:10 PM
    Hey new to kirupa saw the stamp thing figured id throw something up here. not sure if it meets the guidlines or not but ill leave that for you to decide. later.



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  • poorslumdog
    08-04 10:19 PM
    Hi,

    I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.

    Thanks in Advance.

    - Mani

    Yeap...put your passport in the freezer for three days and then apply for H1. :D




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  • LondonTown
    08-11 08:58 PM
    I have applied for H1B transfer and here is my situation.

    H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.

    We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.

    What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?

    Do you have I-94 attached to the approval notice?



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  • StuckInTheMuck
    07-15 12:00 PM
    Someone else recently got his GC approved even though his PD isn't current yet, and now categories are being mysteriously promoted. These are trying times indeed :rolleyes:




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  • pappu
    07-02 11:54 AM
    Thank you Lazycis. I had posted a thread a couple of days ago when the report came out.

    We are looking at our members doing some analyis work on this report and sending us their feedback. If you and others are interested, pls do so.

    This will help IV efforts in help USCIS in fixing their problems and suggesting solutions to USCIS.



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  • Tarang
    12-27 10:03 AM
    I had the same problems 3 weeks back for B'bay. We had to submit all papers atleast 5 days in advance to VFS office in Ahmedabad. They refused to accept my papers. I had to cancel that application and submit a new one with Regular H1B instead of Visa Renewal. Luckily, VFS accepted my application papers which i sent to my relatives in email. I signed the papers once i reached consulate.




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  • GCLONGWAIT
    09-29 03:54 PM
    A background on my case. I have a valid H-1, stamped on my passport. Also, I have my GC in process for 4.5 yrs. My husband was on pending I-485 & working on EAD. In may 2010, my pending I-140 was denied and then appealed. And following that, both mine & my husband's I-485 was denied after 2 months. Our lawyer did file MTR within 30 days of I-485 denial and its still pending:

    Questions:
    1) Can my husband apply for H-4 by being within USA or he has to leave the country?
    2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
    3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
    4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?


    Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.

    Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated



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  • Mount Soche
    05-09 04:38 PM
    number is high so if i don't get current in the next few bulletins, i lose out for this fiscal year.




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  • abq_gc
    08-14 08:19 PM
    i got an RFE on my AP... don't know yet what it's about though..

    had the same question as you...whether these applications are mutually exclusive or not..

    abq_gc



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  • eb2waiter
    04-07 06:41 PM
    the best and brightest...
    I think he sings better than I code...




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  • mojo123
    10-26 01:49 PM
    any update ??



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  • gc_hanged
    01-05 06:22 AM
    After The Fall: Making Sense Out Of Sensenbrenner by Gary Endelman (http://www.ilw.com/articles/2006,0104-endelman.shtm#bio)

    Now we know how Tom Paine felt at Valley Forge. It has been a cold December for those who think immigration is good for America. On December 16th, the House of Representatives approved the Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005(H.R.4437), perhaps the most draconian bill of recent memory, and, a mere three days later, the House approved an agreement with the Senate on a comprehensive budget reconciliation package stripped bare of any pro-immigration provisions. While there is some satisfaction in the fact that the House did not get the higher L fees that it sought, this is cold comfort. Truth be told, it was a tough week, the worst in a long time, and the shock among pro-immigration circles, both on Capitol Hill and beyond, is palpable.
    Removal of Section 8001 from the Budget Reconciliation Conference Report can be a temporary setback if we play our cards right. Congressman Sensenbrenner has long and loudly proclaimed that he is not against all immigration, just the illegal variety. Fine. Let�s take him at his word. He is, after all, the architect of the new E-3 visa that enables 10,500 Australians to get around the H-1B cap. Congressman Sensenbrenner has his enforcement-only bill now so he should be prepared to support us when we seek to attach Section 8001 to broadly bipartisan legislation in the upcoming session of Congress. If Congressman Sensenbrenner means what he says, and he usually does, this might be a golden opportunity to bring Section 8001 back to life.
    Source: www.ilw.com (http://www.ilw.com)




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  • dvb123
    09-07 11:58 AM
    Other gurus can answer in a detailed manner. I am going to very short. Chinese Eb3 have filed for an injunction stating that they need to be allocated visa numbers because in 2008 and 2009 they were overlooked because DOS could not count the inventory of EB3 properly.

    DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.

    Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction

    Congress has expressly
    provided that in allocating visa numbers, the Department of State may “make reasonable
    estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
    For purposes of carrying out the Secretary’s responsibilities in the orderly administration
    of this section, the Secretary may make reasonable estimates of the anticipated number of
    visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
    in authorizing the issuances of visas.




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  • coolfun
    08-03 12:07 AM
    I am on an H-1B visa I had a confusion regarding my wife's case. She is on H4 visa and her H4 visa was extended to September, 2009 when I changed my employer (XXX) last year. However, her passport carries H4 visa which expires in Oct. 2007 (this was through my previous employer, YYY). Both our I-485 are pending and we both received our EAD last month. She wants to use her EAD to work in future.

    A twist is that a consultant had filed for her H-1B this April and we don't know if her H-1B came through or not. He is not telling us. We just don't want to deal with that scumbag. Can we just ignore him and forget about it? Since her I-485 is pending she has a lawful status (Pending AOS), right? Please let me know what you think.




    vima
    02-09 11:54 AM
    I am changing my job on H1B. I have I-140 approved with present company. What documents do I need to have to keep my old priority date? I have copy of I-140 approval notice. Do I need to have copy of labor certification as well?




    user1205
    08-20 06:00 PM
    There were different bills the took on CIR. A new one will be introduced in the Senate in September it seems. I think the article is talking about CIR in general.



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