Wednesday, June 29, 2011

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  • wandmaker
    02-25 04:08 PM
    Hi,

    I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??

    Thanks
    AFP

    You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.

    Hope this helps and please fill your profile




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  • smdfarooq
    06-02 04:48 AM
    Please share your experience, if any one come across this situation




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  • Dhundhun
    08-08 01:40 PM
    Folks,
    It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
    What can be done?

    If you meant India, there is one case @
    - mytracker23 India EB2 PD 07/24/2004 approved on Aug 07

    If you meant China, there are couple of cases @
    - greencard1234 China EB2 PD 03/25/2005
    - erlizhinian China EB2 PD 03/26/2005
    - evereadyjoe China EB2 PD 11/24/2004

    But one thing is for sure, NSC has more ROW cases processed/approved, TSC is primarily going/approving India.

    I tried to get info. in http://immigrationvoice.org/forum/showthread.php?t=20710, but no one else reported.

    I was hopeful of my case with Aug 2008 visa bulletin, but seeing the rate/pattern of approval @ NSC (post Apr 01, 2004), now I see no hope in Aug/Sep 2008.




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  • indyanguy
    07-13 03:25 PM
    I have the same question. Since Fedex doesn't deliver to PO Box addresses, where do I need to send the Advance Parole renewal?

    Can someone please clarify?



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  • valuablehurdle
    06-27 06:22 PM
    Hello Folks:

    This long wait for Green Card has made me think about a number of things...

    A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.

    Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...

    Any thoughts on this... greatly appreciate ....it




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  • snathan
    01-24 11:22 AM
    Hi,

    This is my case:

    1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

    2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

    3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

    4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

    5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

    Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

    Regards

    You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.



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  • sanju
    02-07 03:18 PM
    I have valid H1B visa in my passport.
    Can I travel to India via London.
    Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.

    -------------------------
    For transit flight through London (i.e. UK)
    -------------------------
    If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at London. If the visa is not stamped in you passport, say you are carrying advance parole travel document, in that case you need a Transit visa.

    -------------------------
    For transit flight through Paris (i.e. France)
    -------------------------
    If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at Paris. If you are carrying advance parole travel document, in that case too you do not need a Transit visa at Paris.


    Hope this is useful.




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  • ziggy7bs
    03-14 01:20 PM
    Have you filed i-140?



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  • cox
    April 3rd, 2005, 09:09 AM
    I like the contrast of #2 better, but the sharp lines and reflections in #1 make it better for me overall.




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  • gcpool
    11-16 09:07 AM
    You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.



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  • gzpain
    12-17 12:01 PM
    I haven't contributed yet, but I would like to do. Can one of you please add my email address to WI state chapter.




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  • deecha
    08-18 02:23 PM
    Hi
    I was not so so keen until this matter was resolved..BUT my GC got approved.
    I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
    Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
    If I divorce and re-marry how do I get my new wife here.
    In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
    Thanks for ur help
    RR

    It's not my intention to encourage marital discord. Having said that there are a couple options for you:

    (a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.

    (b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.

    I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.



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  • phillyag
    05-19 03:43 PM
    I am specifically confused about "Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues"

    Any imputs ?




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  • chanduv23
    10-16 12:59 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 have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?

    I think there is no specific govt quota, everything goes through the EB process



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  • Saun
    09-15 09:37 PM
    Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.

    I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise




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  • smuggymba
    09-20 02:14 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.

    Thanks

    increase collision deductible and keep comprehensive in case of break ins etc



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  • inr
    08-05 02:42 PM
    Why you take lawyer's help for this simple thing. ?
    Almost everybody renewed EAD/AP by themselves.
    EAD/AP filings must go to your I-485 processing center.
    I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.


    Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?




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  • kk_kk
    09-20 01:56 PM
    yes. you can. Just DON'T cancel. Keep them suspended. You have your utilities also suspended in the same way for much lesser fee.




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  • tinamatthew
    07-24 11:41 AM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.


    I think that as far as company A agrees, it shouldn't be a problem. I believe the GC application is for a future job offer.




    uscisc
    09-10 05:56 PM
    You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

    But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

    In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.




    zCool
    04-02 01:51 PM
    correct



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