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  • sathishav
    03-06 06:26 PM
    Yes, as long is there is a 140 or 485 pending some where some place or a Labor pending for more than a year, you are eligible for h1 extension beyond 6 years.

    My first 2 extensions after 6 years were based on a labor from previous company.





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  • amitjoey
    07-03 05:27 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.
    thanks

    I485 approved means GC Approved.





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  • ramaonline
    07-27 09:54 PM
    AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney

    There was a post on the attorney forum with some additional information


    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.





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  • makemygc
    07-26 11:16 AM
    this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?

    With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).

    My friends recommending me that too. I should do law instead of doing MBA. Not a bad idea.;)



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  • GotGoose?
    04-26 08:12 AM
    Very nice - I like the green one a lot too.





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  • raysaikat
    07-25 02:13 AM
    Can't he use EB-3 LC for filing his EB-2 case as well?



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  • h1bjava
    03-13 04:49 AM
    My H1b expires Sep 2009 and can apply for extension from apr 2009 onwards(6 months ahead). If for some reasons the extension gets denied by around Jun 2009 will I have to leave the country immediately or am I valid till sep 30 2009 as per the original H1B. Is H1B transfer after the denial and before the i94 expiry date an option? Thank you.





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  • prav27
    01-20 09:45 PM
    I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.

    You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"



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  • billu
    05-25 01:02 PM
    does anyone have any clue on this??





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  • amitk81
    03-17 02:54 PM
    Hi,
    This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.

    I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.

    e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
    But it you shift from IT to sales with the same salary there would be an issue.

    my 2 cents



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  • ramhs
    02-20 12:50 AM
    Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
    Can we send the application early, like one week in advance ?





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  • go_guy123
    12-16 07:24 PM
    Here is my h1b status:

    1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
    2. I have joined new client on March5th new project, new location.
    3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
    4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
    5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
    6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
    7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.

    Now question, it means my H1B visa valid until Aug 2011?

    Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.



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  • petepatel
    09-01 01:01 AM
    Matamoros, Mexico

    Here is where me and wife got our H visas stamped

    Also you may want to go through

    www.mexico-assistance.com

    Nice Service.





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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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  • roseball
    10-10 11:15 AM
    I had a 10 AM appointment a couple of weeks ago and I went there at 9:30 AM and the waiting room was almost full.....But by 11 AM, there were very few people left and no new people coming in..So I was wondering they dont schedule appointments after 11 AM...Maybe they have appointments afternoon...So 11 AM should be a good time to go in....I am sure there will be a lot of people in the morning hours....





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  • coolpal
    04-17 07:16 PM
    If IV is critical about the spelling... "immivoice" handle is still available...
    I think if IV has regular updates, twitter makes so much sense for such a cause..

    damn someone named islevista or something like that took IV and is actively using the handle :(

    pal :)



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  • Raj Iyer
    09-23 04:10 PM
    Interesting- Never done a FOIA request for just an approval.

    I might try filing an I-824 seeking a duplicate approval notice.





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  • elusive
    10-14 12:31 PM
    I went to Toronto , that was august 2008.

    1) he just asked which school i studied when I was in F-1
    2) who is your employer.
    3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
    4) he looked into my previous 797 to verify whther I was out of status any time which I was not
    5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...

    I dont know whether I have to go thorugh that issues again when I go for stamping...





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  • u.misc
    01-21 09:58 AM
    Hi,

    My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.

    Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?

    If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.

    Please respond with your suggestions.

    Thanks a lot in advance!

    Regards
    DK


    I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).

    My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.

    I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.

    Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.





    ssksubash
    08-14 10:12 AM
    HI,

    I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.

    Any information is appreciated.

    Thanks,





    ksvreg
    03-15 09:10 PM
    IN THE CURRENT SITUATION/TREND,

    - USCIS throwing RFEs on H1 transfers
    - Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
    - Make sure your new position duties and its description and slaray are similar.



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