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  • Its coming on the foreground on thursday thru a press conference by Rep Jeff Flake and Rep Luis Gutierrez. Read the breaking news thread from IV core.





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  • Name: Ravi
    City/Area: Chicago, IL

    Question:
    I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. My new job require Master degree and 5 years of experience. I have acquired my master degree before joining my new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available.

    Can I get my H1Bvisa transferred to new employer if he is willing to sponsor?

    Can I file another i 485 under EB2 as my new job requires Master degree?





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  • This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.

    That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.

    Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.

    There was a thread on IP some time ago on this.

    One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?

    The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.

    Please check with proper source before you embark on this path to avoid any future problems





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  • Congrats. Very long wait. I am happy for you. Seems USCIS is trying to close all old applications. That is good sign for all long wait memebers





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  • 2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    Confirm this point with your lawyer as I thougt it would be counted against the quota.





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  • Great !

    Need to know if some one has done with I-140 approved from two different company and still did the porting with the earliest priority dates.....





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  • We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers

    Any update for this weekend?





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  • You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

    I strongly discourage the word "Attorney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.

    Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...

    Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attorney".





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  • lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?


    "Yes" to both questions.





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  • Yes





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  • I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies





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  • NDTV wants to talk to members from New York from diverse nationalities. She already has one person lined up for a TV shoot today. This must happen today.

    Prerequisites:
    - Must have participated in flower campaign
    - Must be in New York
    - Must be from "diverse" nationalities

    Details:

    Sarah Jacob
    Special Correspondent, NDTV.
    172 Ludlow St, 3A
    New York, NY 10002
    646-280-6993
    sarah AT ndtv.com
    What are you guys excited about??? NDTV!!!! they broadcast in India, how does it makes a difference if Indian people come to know about our problems????

    This does not serve any cause, though it may give some fame to immigrationvoice.org, which I think is useless if its not serving to cause.





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  • Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.





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  • Hello gurus,
    I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
    The birth certificate you submitted has a delayed registration. Please comply with the following.

    a) Hospital birth records which name the child and both parents.
    b) Medical records which name the child and both parents
    c)school records which name the child and bother parents.
    d) Census records which name the child and both parents.
    c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.

    I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply


    Thank you
    devan


    Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.

    What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant

    Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)





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  • My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help


    Is your Fed Ex delivery to NSC? Do you know who signed your Package.
    It was R. Williams for me.

    Also there is a 4 digit reference : Case #xxxx . Do you have that, Is it anything to do with our 485 or is it just the FEDEX reference number?
    Thanks





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  • Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.





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  • Hi GCCovet,

    Thank you.

    I did H1 transfer and notified USCIS abt my new job.
    My old guy is not going to revoke it and also agreed to use the same attorney.





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  • I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.





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  • The lawyer also delivered other case using UPS and they already got receipts.
    If I have to resubmit, I will use USPS to the PO.Box My attorney uses Fedex and we get receipts on time.
    I would recommend to use Fedex instead of UPS.





    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna

    I e-filed my AP renewal on May 25th, mailed the supporting docs the next day. TSC approved my AP on June 19th and I received the AP in mail on June 21st.





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