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  • like_watching_paint_dry
    03-14 05:09 PM
    Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

    Good luck with your job hunt.

    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.




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  • billbuff123
    10-27 10:42 AM
    Thanks for the replies. I already consulted lawyer may be again I need to double check with other lawyers.

    Thanks




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  • REQUIRE_GC
    10-14 08:40 PM
    He Leo. You are great. Thanks a lot. It appears that they have my fp when I applied previosly for security clearnace. or Port of Entry.

    Thanks
    REQUIRE_GC




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  • beautifulMind
    10-08 01:01 PM
    Anybody else know more on this topic

    Thanks



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  • alex77
    10-11 01:39 PM
    If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.

    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:




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  • cygent
    12-31 05:25 PM
    My Friends,

    I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.

    I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!

    It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.

    I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
    {PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}

    And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.



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  • p_kumar
    12-20 02:08 PM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice

    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D




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  • ashshah
    01-18 01:28 PM
    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".

    I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.



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  • Gravitation
    02-02 09:30 AM
    It means that if your PD is current, your application has a fair chance of having been processed.

    If the PD is not current, it doesn't mean anything.




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  • dilipb
    02-07 04:56 PM
    Seriously speaking I still am not convinced....
    Can someone ellaborate on this more?
    Thanks...



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  • sk.aggarwal
    05-22 11:26 PM
    This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.

    BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...




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  • s_prakash33
    06-05 07:46 PM
    i too got the same number of soft LUDs after nsc recieved the reply to the rfe. .... r we getting gc soon :) .. my pd is April 2004 eb3



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  • gumpena
    08-02 04:47 PM
    Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.

    Greg has picked this from ..
    http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf

    and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..




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  • reddymjm
    05-05 04:15 PM
    i third that too



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  • hnordberg
    October 25th, 2005, 04:24 PM
    But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?
    I like Michael's ideas, but a list of choices would be nice.




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  • solaris27
    10-02 09:00 AM
    fearonlygod

    Do it now , don't wait till last min.

    Consulting companies can't just take your money.

    You have to complain about them and also please provide us company name and website so other person don't join them .



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  • sroyc
    08-14 08:23 PM
    As someone correctly replied, you cannot work on H-4.
    In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.

    If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).

    The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.

    Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.

    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA




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  • arnab221
    04-29 12:30 PM
    Doing smart things like this may get you deported from the US without any chance of return for 5 years . Be honest and follow the law .It against the law to work in one country and get paid in another .




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  • immigrationvoice1
    01-10 11:49 AM
    Just curious: When will USCIS process my 485?.....

    .....probably we would not have an organization like this.




    Prashanthi
    10-20 06:01 PM
    [QUOTE=Openarms;1113771]Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.[/QUOTE

    As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process.




    corleone
    11-02 10:42 AM
    See signature for details:



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