Thursday, June 30, 2011

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  • apahilaj
    04-08 07:18 PM
    I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.

    Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.

    I am seeing lots of people change their jobs once 180 days expire...Just trying to get an idea whether people mostly use H1 transfer or do they start using EAD? Does changing a job while 485 is in progress always triggers an RFE/interview?





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  • maheshf
    03-23 11:49 AM
    Bump





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  • martinvisalaw
    08-31 07:24 PM
    Hi
    I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:

    You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.

    If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.





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  • f1USvisaholder
    04-03 09:17 PM
    Hi,
    I'm on F1 visa and recently got married in US..I would like to have my lastname changed in my INDIAN passport.. I will apply for a new INDIAN passport through indian embassy in US..I realized that i will get a new passport with new last name...But my question is what happens to the F1 visa on the old passport and I-94, will they be still valid?...How does it work..what do i need to get them moved over to the new passport...
    I know i will have to let my school know about the name change so that they can get me a new I-20 by updating the SEVIS...I've already done that and they are OK with it...

    Appreciate your response..
    Thanks



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  • dealsnet
    05-28 09:38 AM
    1. Send all AOS forms and proof of pregnancy from the doctor. They will issue RFE or you can send medical after the delivery. Don't take risk while on pregnancy. RFE reply will get 30-45 days time.
    2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.





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  • amslonewolf
    05-06 11:42 AM
    I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.



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  • wandmaker
    08-24 05:08 PM
    Dear Attorney,

    Is there any minimum length of time to be on H4 before applying to H1.

    Thanks

    There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status

    BTW, I am not an attorney.





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  • Becks
    01-25 03:44 PM
    You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.

    Hi All
    My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
    Can I travel on this document?
    Please advise.
    Thank you.



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  • reddy_h
    08-12 02:02 PM
    Unfortunately no! Only your employer or lawyer can tell you.





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  • gcadream
    05-02 03:45 PM
    Hi,

    I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
    For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?

    If I travel to india for visa stamping with old LCA I can be put on hold.
    Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.

    Waiting to hear back on this ASAP please !!!



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  • CSPAmom
    08-13 02:17 PM
    Hi all,

    I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:

    Priority Date: Oct. 16, 1996
    Approval Date: Dec. 4, 1996
    Days of Petition Pending: 49 days
    Child's 21st Birthday: May 31, 2007
    Child's age when visa became current: 21 years 62 days

    Need your advices. Thanks!





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  • raju6855
    01-19 05:11 PM
    This has been big bummer. had to cancel the flight and now my wife is thinking about dropping out of semester.



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  • tnite
    10-16 01:31 PM
    Hi,

    I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?

    Request you to reply soon.

    Thanks
    I dont know of anything specific.But if it's a job designation of utmost importance at the state level then it might help in name check(I am not sure) but otherwise I dont think it makes any difference.

    Just my 2 cents





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  • milind70
    03-27 02:42 PM
    I 140 if filed in premium- USCIS sends an recipt email with recipt number to your lawyer,if he shares that email with you u can check the status online on USCIS website .
    It takes anywhere from 5 days to 15 days to get any response.
    If your case is straight forward u get approval within 5 to 8 days depending upon the workload and the service center. Also depends upon how your case is positioned, category and documents provided with the petition application.
    I 485 i have no idea but if ur PD is current should not take long,my friend got his card in 20 to 25 days max but he had not filed concurrently as he had observed concurrent filing leads to a delay in 485 process.



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  • Tommy_S
    04-10 02:54 AM
    Yup, I also prefer ya3's colors. But both of you, done a gj. I think this idea (iStamp and those lines) will be popular. ;)





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  • neeidd
    11-09 06:14 PM
    Hi,

    I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?

    Thanks



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  • markeh
    10-13 07:03 AM
    doh! maybe i'll have better luck with windows mobile 7

    thanks for the reply :tini:





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  • glus
    09-24 09:17 AM
    [QUOTE=njboy;949731]You wrote-"(I am certified in both the subject)"

    I am certified in both the subjects
    Maybe you should attend some ESL classes yourself before teaching it.[/QU

    everybody makes mistakes...





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  • sss9i
    03-23 11:53 PM
    Any suggestions!!!





    nsd786
    01-17 05:11 PM
    My PD is Oct 2004 .Received I-140 RFE Ability to pay.RFE date Jan 2nd 2009.They have asked for Tax returns for 2006 and 2007 (2004 and 2005 were submitted during filing).They have mentioned that we also have the option to submit W2 ,Audited statements or Annual reports.The company is a small company with 20-30 employees and is doing pretty well .For 2004 ,2005 and 2006 their net incomes is about 3-4 times my proffered wage.But there is an issue for the 2007 return.Their year ends in June and hence 2007 return was due on September 2007 for which they have filed an extension.Hence returns are not due till March 2009.RFE has to be responded to by Feb 2nd.They have paid an estimated tax of about 34000-35000 .My proffered wages are 52000.Hence if one calculates the estimated income it is in line with the previous years and is about 3 times my wages.But there is no return only extension notice and proof of taxes paid .I do not work for them right now and have no W2.They do not have any audited statement or annual report.I am trying to get them to give me a statement from their CPA stating estimated revenues,net income and tax for 2007 but I am being given the run around.If I were to submit only with the 2006 return and 2007 extension filed with proof of tax paid is it OK or do i most definitely need that letter from their CPA.I doubt I can get anything more than the CPA letter and that too is doubtful.Business owner perceives CPA letter not needed attorney states needed.I am in a limbo.Please help .Do I also need statement showing income from July 2008 through December 2008 to show current ability to pay as advised when they have asked only for 2006 and 2007 returns.PLEEEASE HELLP AND GIVE YOR ADVISE.





    zCool
    04-23 12:31 PM
    This has been discussed before!
    Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
    The way USCIS knows that is you will show paycheck without valid H1.
    This has been discussed before in many threads in details.. do the search.

    I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.

    This depends on if the future project is long term and I switch to H1B just to be safe.

    Any ideas would be appreciated...



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