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  • EndlessWait
    12-06 07:35 AM
    Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
    My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.

    My case was filed at NSC , then went to CSC and then transferred to NSC.

    Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.




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  • namm80
    04-07 10:18 PM
    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.

    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..




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  • raju123
    12-26 11:37 AM
    Good question. SKIL bill will not only help person of person from advance degree in the USA. It has lot of other provisions, which can substaintially reduce a deadly retrogression like, Depondents are not going to count in numeric cap, Master and higher degree from USA will not count in cap (Many master degree holders are in EB3), There are lot of provisions. You can study SKIL bill and realize how good it is.


    Pappu - thanks for the quick reply.

    The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.

    Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.

    Thanks again for your help.
    IB




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  • deafTunes123
    09-10 09:43 AM
    There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.

    Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.

    The other option is take 3 or 4 months off (out of country) and recapture if necessary.

    Good Luck.



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  • pappu
    12-23 12:37 AM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
    Thanks Anurakt.
    Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.




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  • srikondoji
    07-23 02:15 PM
    Why the heck you want to track, if there is no significance?
    Wastage of time and server resources.
    Please stop/limit the nonsense.

    For rest of the folks......
    Don't ask for cashing of cheques, receipts for july filers etc. When such a thing happens, people will shout out with a new thread anyways just to highlight it.
    So, please don't start the threads for now.
    Thanks

    There is no significance, just to track



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  • 485Mbe4001
    05-24 11:41 PM
    fax sent, thanks




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  • sweet_jungle
    10-06 12:08 AM
    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.

    Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.



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  • karan2004m
    07-29 01:38 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.




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  • nfinity
    03-14 10:41 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.



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  • hazishak
    09-21 10:44 PM
    I got both.

    Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.

    TIA




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  • lostinbeta
    10-02 02:46 PM
    Kirupa has a hidden Inspirtation section on his site. You can find the wallpapers page here....

    http://www.kirupa.com/gallery/wallpapers.asp



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  • ashres11
    04-28 05:12 PM
    Friend,

    I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.




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  • skothuru
    06-21 12:03 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.



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  • insbaby
    02-25 09:25 PM
    ** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)

    You will receive a NOID first.

    You have to pay for your MTR, before they deny. :cool: (In other words, you have to pay for your denial)




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  • haifromsk@yahoo.com
    08-21 07:25 PM
    Great Suggestions. and please dont hesitate in demanding ur employer.
    employers come up with vague reasons like we dont want to share tax telated info with many lawyers etc etec etc. Dont listen. Exceptions are always there but in general company hired lawyers are incompetant as they work on a whole sale basis and less accountable. And company hired lawyers are faithful to the employer and not you. In case of crisis they back whomever pay them. So guys shell ur money out and go with ur own lawyer. Or be smart enough to negotiate with ur employer that they pay the whole sale rate to ur lawyer and u come up with the difference for hiring a good lawyer



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  • hoolahoous
    03-05 07:25 PM
    usually employment based insurance cover pre-existing condition




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  • pmpforgc
    12-21 12:24 PM
    Hi

    I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.

    I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.

    My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?

    IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.

    YOUR input will help me lot in be prepared and planing for my summer trip.

    Thanks




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  • nvmurali
    06-02 02:40 PM
    Hi,

    I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.

    Now -- I need to change employers as my employer is asking me to become full time from consulting.

    2 questions:
    1. Can I use this extension to change employers?

    2. Can I start the GC process with the 140 priority date? (Feb '08)?

    Thanks

    PS: I apologize if this is in the wrong forum.




    buehler
    07-18 07:36 AM
    We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

    My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

    If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

    You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?




    niklshah
    11-11 11:26 AM
    i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.

    hope this helps

    good luck



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