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  • sushant_s
    08-26 10:12 AM
    Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.

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  • vnsriv
    07-05 12:53 PM

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  • martinvisalaw
    07-20 02:02 PM

    1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.

    If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.

    2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?

    I haven't had a problem with H-1B extensions

    3) How much is the H1B renewal fees?

    It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:

    $320 I-129 fee
    $500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
    $1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees

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  • WaitingUnlimited
    10-09 06:27 PM
    Sorry.. Subject should have been "Filing PERM During 6th year of H1"


    I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
    Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
    Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.

    Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).

    If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?



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  • vivache
    08-22 10:48 AM
    It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)

    When I filed for my EB3 .. i worked in as a support engineer.
    Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.

    Questions for th gurus.
    1. Do you think I should apply for EB2
    2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
    3. Can I get my July 2002 priority date for my EB2.
    4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?


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  • snathan
    05-16 12:32 PM
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply will be out of status during that period.


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  • Ryall
    09-30 01:59 AM
    Wacom is just that good. Period.

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  • pappu
    08-17 04:09 PM
    come on members, there is nobody here from NC? or you dont know of anyone from there who maybe stuck in the GC process?

    IV has not got a single response. We might lose this opportunity.


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  • jliechty
    December 26th, 2004, 06:37 PM
    I don't have very many interesting subjects from my D70 test. Here's the only other one that has the slightest worth showing, with a bit of post processing to improve the color balance (flash on the foreground made the white table behind look very yellow, and it's still not fixed to my satisfaction)...

    I-485 refiling cover letter (Template) [Archive] - Immigration Voice

    View Full Version : I-485 refiling cover letter (Template)

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  • canmt
    11-14 08:50 AM
    EB2 India Priority Date: 06/2003
    I140 Approval Date: 01/2007
    I485 Receipt Date: 02/2007
    FP Notice: 02/2007
    EAD Approval: 03/2007
    AP Approval: 03/2007
    AC21 & G28 Revoked: 10/2007
    I485 RFE on AC21: 10/2007
    I485 RFE Replied Date: 10/2007 (Self)
    1485 Card Production Ordered (No Email): 11/2007
    1485 Approval Notice Sent (With Email): 11/2007
    Soft LUD: 11/2007
    Card Received: 11/2007
    Welcome Letter Received (No Email or Status Update): 11/2007


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  • guy03062
    12-08 08:07 PM
    I think we're looking for Jan '09 bulletin ;)


    EB2 -> 01-JUN-2003
    EB3 -> 01-OCT-2001

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  • VenuK
    07-11 01:57 AM
    What is Security Clearance?

    who does it
    when does it happen
    what exactly happens during this process.
    what exactly do they look for.
    could you pls look into my case. any kinda advice is greatly appreciated.
    here is the link to my case:

    --------Additional Information related to my case ----------

    ==========POINTED TO BE NOTED=================

    1. Why extension was denied, what was in RFE?
    venu_mk: RFE was due to
    a. lack of documents,
    b. they needed company no.of employers update info which uscis did not have on there record.
    c. client letter
    d. clearly defined path between employer and client relationship( had 2 vendors between them) I had to show contracts and workorders between each of them.

    2. Did you get the approval for Company X after your apeal
    venu_mk: appeal on denial case is still in process. what i heard after talking to different lawyers is it will take atleast 6 to 9 months of time. im still waiting on that.

    3. Why are you still working with Company X,and when do you plan to join Co. Y
    venu_mk: because i cannot work with company Y unless i get visa stamped.i talked to owner of company Y he said he wont generate pay stubbs unless i get stamped. One thing is i have applied I-797 from Company Y through CONSULAR PROCESSING. my lawyer says the same thing u cannot work on Company Y unless u get stamping done.

    4. Are you going to get visa stamped with Co. X or Co. Y

    venu_mk: Obviously with Company Y.

    On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated

    The result of the appeal is still pending....
    one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.

    I'm pretty confused...
    Please help me

    With Thanks in Advance,


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  • excogitator
    04-13 06:31 AM
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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B ( filers that are in need of faster processing.

    More... (


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  • snathan
    03-28 12:42 PM
    I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.

    1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.

    2) How much time does it take if i apply for change of status for F1?

    3)can i take cpt in F1 and later on can i change to H1 by applying change of status?

    Before answering your question...I want to know this.

    You got your H1B in Oct 2008. That means your status changed from F1 to H1. Now its March 2009. So all these period are you employed and have the pay stubs for the same. If you dont have then you are out of status and you can not change the status to F1. If you want to change the status, you need to be in status first.

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  • GreenCard4US
    09-18 09:32 PM
    I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.


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  • kirupa
    01-18 04:03 AM
    Hi stephsh - does it have to be HTML?

    Looking at your example, it looks like you are trying to display special characters as text. That can be done by just fiddling with encodings, so if you want, I can provide some additional information on that.

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  • waitin_toolong
    07-18 01:34 PM
    your wife is fine, with H1 transfer there is no need to file H4 transfer. She is not out of status.

    If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.

    And no issues with filing I-485

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  • Rune
    February 3rd, 2005, 01:55 AM
    Nice edit Anders. And your version seem to be more in line with the rule of thirds too?

    02-28 02:33 PM
    On the VFS site it lists the following docs:

    Spouse / Dependent Children
    1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
    2. The original Notice of Action Form I-797 of the Principal Applicant.
    3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
    4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
    5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
    6. Original Birth certificate (for each child).

    The one that stands out is #4.

    Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??


    01-20 01:19 PM
    filing. Only old employer or his lawyer can get information.
    I have seen people using FOIA to get 140 info... but it takes longer time....

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