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  • Is anyone having an issue with logging into account at uscis.gov?





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  • I have permanant opprtunity with one organization which wants me to work on EAD. My situation is like this
    my EAD is expiring on XX/XX/2010. The new compnay wants me to join on YY/YY/2010. My questions are


    1. IF 15 after joining new Compnay, I apply for EAD renewal and before filing for AC21,Will it create a problem. Since I can only file EAD renewal 4 month before expiration date I need to do it some where in april.

    2. In case my Old employer revoke 140 before I file EAD renewl and AC21 will it create a problem?





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  • I agree that option B is the correct choice. They are looking for you to have a stable residency, so having it established as the application time nears makes the most sense. Still, I would consult with an expert or an attorney if you have the opportunity.





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  • This thread is not related with I-140 stage, please move it to I-485 or tracking folders. Thank you.





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  • Even if they do issue an update today..so what? It means nothing. NSC issued an update it finished receipting July2nd filers 2 weeks back, and even today July 2nd filers get checks cashed.....





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  • I am currently on the H1B 7th Year Extension with I-140 Approved stage from the existing company. My Priority date is Oct 2001 under India EB3. I will be moving to the fortune company starting from next month and they are ready to sponsor my green card with existing priority date. I got the copy of the 140 from my existing company and submitted the same to the new one.

    Couple of days I read in the immigration articles that EB2 & EB3 dates for India may move little bit during the summer months starting from June. In that case, what are the options available for me for filing I-485 if my dates becomes current.

    Can I request my old company to file for I-485 and move to new company on H1?? Or can I contact an attorney for filing my I-485 with my current documentation and work with new company on H1??

    Any help and guidence on this is really appreciated. I want to exercise all the possible options when the dates are becoming current for me. If I want to file the green card from the new company, I need to wait for 6 - 9 months. However, they will use the old priority date for filing the Labor & 140.

    Please help & guide me on this.





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  • You can file H1-B extension based on your approved i-140 you should receive another 3 yrs extension i did the same.

    Did you file this H1-B extension after changing employer using AC21? Is it approved for 3 years?





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  • Right - You will have to wait to apply for 485. You can do so only once your Priority DAte is current on the VISA Bulletin.

    You can file for i-140 though.......I guess you have a long wait to file 485 and EAD/AP





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  • Hi,

    I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?

    Thanks





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  • Delaware Immigration Lawyer Blog Has Just Posted the Following:


    Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.

    J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.

    J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.

    IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.

    Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com


    More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)





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  • Thanks for the reply.

    What if, only H4 holder (AOS pending) returns to USA using valid (till Dec' 09) H4 stamping ? Do they (at POE) come to know that spouse's 485 has been approved ?

    H1 holder (485 approved) will return afer couple of days.

    Urgent please help by giving your suggestions/opinions/experiences.

    Thank you.





    Hi Xela,

    I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.

    With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.

    Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.

    Hope this helps,

    Ann





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