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  • I was in a similar situation, and they got my PP H1 because of my overseas travel.

    If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.

    If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.

    The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".

    I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?

    My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?

    Please advise. Thanks





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  • Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.

    My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?





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  • Employer cannot withdraw your I-485 without your consent and signature, notwithstanding G-28 form.





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  • Hi all,

    Please let me know what could be the problem. On Apr25, my status changed to Case Received and Pending. Last Updated Date is 05/18.

    When i contacted my employer, he says my petition is approved. But still when i find the status online, it's not reflected.

    What could be the problem?

    Any thoughts would be highly aprpeciated.

    Thanks,
    Santhosh





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  • You can use EAD with current employer. I think your company has to do the change your I9 form to EAD. You don't need to inform as you are not changing any company.

    Appreciate your quick response Vikramy, Thanks





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  • Can somebody file 140/485 if labor is approved today July 18th based on the new directive? How about future Labor approvals, say August 5th? Could somebody plz throw some light on this?





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  • Hello Guys,

    First and foremost my sympathies on being a part of MI where almost everything is going the wrong way work situation, housing market and weather its been raining for almost 2 days now :), for fellow members there is another hassle of worrying about your immigration status.

    Things are bleak no doubt about that but we can make a difference no I am not trying to act or sound like The President of United States here, just trying to make a point. Hey given the present situation we can either lie down and take what the government has in store for us (which is erratic movements of PD�s through the visa bulletin which are most probably by the shots taken by the DOL just before the release of the visa bulletin) or take up the fight and try to make our voice heard.

    Hence to restart the chapter I would like to see if any of you are interested in a face to face meet to exchange stories and to brainstorm ideas to tackle the situation that we face currently.

    Ideas and suggestions welcome, lets make the change that we were promised last year.

    amit





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  • Hi,

    Just Wanted to know if there is any bus ride from TX to DC ?





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  • I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.





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  • Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.





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  • But my lawyer chose this. and I already signed the form. Does it really matter? As he stated " Spose has an approved I-140"

    If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?





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  • Hi,
    to stay away from india while on AOS, you need AP.

    to maintain AOS, one needs to keep renewing AP.

    So when you apply/renew AP candidate needs to be here...

    So your daughter will apply for AP, get it , travel... come back 6 months prior to AP expiry, go to india and study and you will send AP by mail ...
    she will come here every 4-6 months prior to AP expiry and renew and go back.

    You need to give a sound reason in port of entry why you are staying away for long durations..!





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  • Yer gonna' need gooder English skills to make it in the USA my friend.





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  • can you give me the USCIS mailing address where you posted your wife's application. I am in the same situation a bit confused about their mailing address.

    thanks

    refer to the I-485 instructions - address where you should file application depends under what category you file.





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  • cool thanks, r there any tutorials for this?





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  • Thank You.





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  • not a lawyer so take this with grain of salt.

    she need to request her passport back and can travel back on AP if it is urgent.





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  • I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????

    h1bdudue1

    Yes you are in Status assuming that your H1 will be approved.





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  • Hi,
    is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
    Has any1 wth the same situation has gone and come back without any issues?
    Gurus ur input s greatly appreciated.
    Thanks





    Hi,

    Where do I find the A#?

    Should I take the I-94# from the H1B approval notice or the actual I-94 given at the port of entry?

    Thanks





    I believe if employer move to next door i don't think DOL will ask yoru employer to refile, but if your employer move to a different city/town even in the same county, YES he need to start the process all over again.
    :(
    What is the acceptable distance?. My office moved to a place near by my old office location to save rental expenses. Does that mean that I have to start all over again? this is insane. :confused:



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