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  • l8A
    10-05 10:28 AM
    H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...

    How do I know the expiration of I-94? Does it say it on the I-94??





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  • abdulazeez77
    08-11 10:18 AM
    I think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.





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  • hpandey
    03-05 06:21 PM
    The FDIC has less than 50 billion left but I think if the govt can provide the banks with a trillion dollars then it will certainly bail out FDIC. No need to panic . FDIC will be the last bastion to fall. The govt would certainly not let it happen in any scenario.





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  • permfiling
    07-29 11:24 AM
    Iv4gc,
    yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job



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  • mammoy2k
    09-21 07:11 PM
    Look at the reason why I-140 can be denied:
    a) Ability to pay
    b) Your education
    c) Your past experience, if shown


    Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.

    I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.

    In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.


    You both are right!

    Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).

    However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.





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  • hebron
    10-05 09:43 AM
    How about Bangaram Islands, if you like snorkelling ..



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  • jkays94
    03-22 02:04 PM
    Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.





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  • gg_ny
    09-20 05:24 PM
    Or try emailing or calling them from here. It helped me a bit.


    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

    cheers



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  • ssksubash
    11-12 03:10 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.





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  • jai_immigration
    06-26 09:51 AM
    You could either file AC21 or file after you revceive RFE, but when there is RFE they may also request paystubs, not just offer letter.



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  • sonu9
    07-31 12:33 AM
    any suggestion from others





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  • Guest007
    10-06 05:36 PM
    I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back



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  • gconmymind
    09-12 06:00 PM
    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.

    I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.

    1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
    2. AP form has the TSC address. I used USPS.
    3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
    4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.





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  • RDB
    09-16 01:37 PM
    There is no LAW that mandates this!......It's kind of a best practice thing - people usually recommend 6 months.

    Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D



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  • arihant
    06-14 01:10 PM
    Yes, you can keep EAD and H1 at same time..

    As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.

    Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.





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  • garybanz
    09-28 12:13 PM
    I called up USCIS - Number: 1-800-375-5283, If you don't have a receipt number and want to get one Touch Key options to press are : 1-2-2-6-2-2-1

    You need to say that your application is more than 90 days old, else you will be kicked out.

    If you say that your application is more than 90 days old then you will be transferred to another person who will give you the receipt numbers.

    For the record there should be one receipt number for each applicant (your dependents and you)) for each document (485, 131, 765)



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  • ashkam
    10-16 01:27 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    Aug 15

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing ( receipt date)

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    She needs EAD approval and the physical card present with her

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    No idea.

    - Would I get the fingerprinting notice directly or would my employer receive it?

    You will receive it

    - What other formalities would be left after (assuming) 485/765 are approved?

    Wait for the green card

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).





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  • iptel
    11-17 04:41 PM
    Guys.. It has to pass through the house still..
    It already passed house. No new Bill is discussed in Lame Duck Sesion.





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  • sertasheep
    08-26 10:09 AM
    Dear IV Members,

    We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.

    --------------------------------------------------------------------------
    You can find more information about Ms.Mehta Verma on her firm's website at

    http://www.nankin.com/mehtaverma.html

    Sonal J. Mehta Verma, Esq.
    Nankin & Verma PLLC
    11 North Washington Street
    Suite 360
    Rockville, MD 20850
    T: (240) 456-0000
    www.nankin.com

    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:

    Name(Nickname or handle):
    City/Area/Country of current residence:
    Country of citizenship: (Makes it more relevant)
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.

    Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

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

    Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.

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

    Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.

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

    Thank you, and have a good weekend,





    spicy_guy
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)





    RNGC
    02-05 08:38 PM
    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck

    Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?

    Thanks.



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