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  • Prashanthi
    07-06 05:31 PM
    Yes you can apply for an extension on medical grounds, be sure to include a letter from her Doctor and all the hospital records and explian clearly why the extension is required, this should get approved.




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  • Jeetendra
    02-18 10:16 PM
    hi,
    i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).

    questions:
    1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
    2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
    3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?

    Please let me know as my travel plans are dependent on this.

    thanks and appreciate your prompt response


    thank you.




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  • arc
    08-10 10:00 PM
    Hello

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Questions:
    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.

    Thanks!




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  • westh1b
    04-11 10:23 PM
    My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
    Can any one please guide me that how to file complaint to DOL against his body shopper.
    Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
    Thanks
    H1B



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  • geniousatwork
    05-15 07:58 PM
    ^^^^^




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  • smartboy75
    11-01 05:13 PM
    Hey carbon

    You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....

    What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....

    Hope this helps....All the best



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  • newh1user
    01-26 01:36 AM
    :) hi guys

    just wanted to update my case is approved yesterday and dhs is sent the approval notice so its very fast in my case..

    my lawyer filed the case on 17th jan and got approval email 24th jan.. very good.




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  • girijas
    06-20 10:33 AM
    I have subscribed to the group. Am awaiting approval. Please contact me: I am actively working on lobbying for the bills, am part of teamIV and would like to organize a musical get together to raise money. I play classical violin myself; so I can be one of the performers. Please approve my membership or contact me at

    shoklate@gmail.com



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  • sagarmata2007
    07-18 03:36 PM
    Hello everyone and thank you IV for all your great work. Much appreciated.

    I have a (hopefully ) simple question:

    I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.

    That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?

    I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?

    Any info, tips would be greatly appreciated.

    My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.

    Thank you all once again!




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  • k2006
    08-22 12:44 PM
    It is not clear to me why there is inconsistency on whatever they reply for the processing of NSC-->CSC-->NSC cases. Sometime I hear NSC mentions that these transfer cases would be processed based on CSC processing date (which doen't make sense because CSC stopped processing of I-485 caes, so how CSC processing date would move and the transferred case is waiting in NSC not in CSC) and sometime I hear NSC mentions those cases would be processed based on NSC processing date. Which one is actually true ?

    I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).



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  • vin13
    03-23 10:00 AM
    If your new employer is processing a H1 then you do not need EAD to initiate AC 21.

    If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.

    READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.

    Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.




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  • crystal
    11-12 04:28 PM
    yes
    My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?



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  • optimist578
    10-17 07:37 AM
    I am in the same situation as thesaintmav. My priority date is Mar 03.
    I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.

    Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.




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  • beavis
    08-10 08:02 PM
    We have the same situation. I am the primary and got my GC last July. Spouse still does not have it. We have a PD of Sep 2005 and 485 RD of Sep 2005. No idea what is happening. We also have contacted our Congressman, Senator, and done Infopass and SR. Our case was originally filed at VSC, transferred to TSC and is now at a "USCIS Office"



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  • ishreeram
    03-14 09:02 AM
    In such cases, contact your local Congress representative. They will help you out real quick.




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  • yestogc
    05-04 08:48 PM
    YES return flight for whole family is employers responsibility ................. of course not by business class.



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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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  • Counterproductive
    10-31 09:23 AM
    I don't know anything about that




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  • westh1b
    04-11 11:05 PM
    Can any one please guide me that how to file complaint to DOL against his body shopper?




    priderock
    05-08 04:40 PM
    Folks,

    I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?


    I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.




    mchhokar
    05-15 03:20 PM
    All above dates are 2009. My L1 B (Individual) expired in February. So I am already around 3 months over my L1 status.



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