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  • chandrajp
    04-28 09:35 AM
    You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible





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  • rayen
    12-02 01:15 PM
    Experts,

    My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....

    I have approved 140 and my PD is : AUG 2006 EB2- I.

    STATEMENT OF LEGAL SERVICES


    H-1B visa extension deposit $ 700
    H-1B visa USCIS filing fee $ 320
    H-1B visa AWCIA filing fee $1,500
    H-4 USCIS filing fee $ 300

    Balance Due $2,820

    Thanks, Rayen





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  • suavesandeep
    12-19 05:13 PM
    I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.





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  • LostInGCProcess
    01-16 10:20 AM
    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.



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  • GCNaseeb
    10-31 01:39 PM
    I just called USCIS and spoke to an Immigration Officer. He said I have to resubmit both I-131 and I-765 alongwith original EAD and AP document to the service center from where I received both my EAD and AP. I also need to submit copy of original forms or a birth certificate to prove the error from USCIS in order to waive fees.

    He also said Infopass is only for enquiry and won't help in typographical errors.

    I guess, whole new process would take another 3-4 months; what a mess :mad:





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  • LostInGCProcess
    09-20 12:13 AM
    Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

    http://www.msnbc.msn.com/id/26792948/

    I like this plan...lumpsum amount and a ticket to your home country, and can get back after 3 years...wow! its a good plan. :D



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  • rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.





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  • sanju
    02-27 07:19 PM
    This guy is a spammer. He is just wasting our time. I'd suggest not to answer him.

    auburn2009,

    Why don't you search these forums and let us know what you find out.






    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.



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  • sankar_203
    04-20 10:20 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..





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  • amsgc
    06-15 12:24 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

    Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

    My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

    Thanks,

    Ams



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  • meridiani.planum
    03-12 02:46 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?





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  • WillIBLucky
    06-18 10:44 AM
    But, when the doctor asks you if you having any history of problems then you may have to tell him that.

    Else, you should be fine. Good Luck



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  • pcs
    06-21 02:52 PM
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  • bbenhill
    10-06 05:39 PM
    Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?

    Thx



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  • ivamember
    01-25 04:55 PM
    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.





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  • Jimi_Hendrix
    08-24 05:12 PM
    Man at least show some respect for people on this forum. Your tone is more like you are speaking to a paid attorney.



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  • abhishek101
    10-22 05:29 PM
    let's hope we see something, after 10 years in the GC process I am still 5 years off :( .





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  • ksvreg
    09-25 11:16 AM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.





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  • helpmeExperts
    02-14 03:37 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation





    dealsnet
    02-13 12:43 PM
    First thing to do is to correct the I-94. You can go to any International airport and do it.
    You need to show the documents.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.





    getta05
    03-30 07:47 AM
    I am on L2 visa. You dont need to have to have a GC with L2?



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