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  • austingc
    04-29 05:42 PM
    I have a couple of questions regarding H1B.

    My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

    The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

    Is this true? any ideas?





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  • Ann Ruben
    06-25 10:51 AM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.





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  • eb3_nepa
    01-14 11:34 AM
    Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.





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  • InTheMoment
    08-10 06:09 PM
    This is not a proposal for a new law but regulations by the administration within the bounds of the current law.

    My humble suggestion: Please do your homework before voicing your opinion.

    guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.



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  • redcard
    08-09 07:05 AM
    :) Hi All,
    I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.

    peace........


    My Prediction.. buy a powerball ticket...chances and probability of winning some money is more then that of getting a GC in near future or of some legislation reform.:)





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  • number30
    03-28 12:29 AM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.



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  • perm2gc
    08-30 09:38 AM
    Immigration gurus, need your advice ASAP

    my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?

    I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .

    my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .

    I know that after approval I need to get visa stamp .

    Your quick inputs will be highly appreciated

    thank you in advance
    You can travel back and forth until you have valid visa stamp.You can do it until 03/07.





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  • greencard07
    09-26 10:18 AM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    July 2 filer with NSC, receipt notice on Sep.7, Spouse's EAD approved and card ordered today. But mine is still pending. It seems NSC is speeding up for EAD. Good sign anyway.



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  • gk_2000
    08-10 08:45 PM
    You can read the details of the bill at

    Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)

    Apart from the provisions mentioned in my previous post, there are other favorable provisions too.

    Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently





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  • VDaminator
    06-09 07:51 PM
    Here is my return volley it didnt come out the way I wanted but I kind of like it the way it is.



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  • Pria
    01-10 09:49 AM
    Thanks for the information. As suggested, I sent two PP size photos along with the docs.
    Pria





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  • TUnlimited
    09-15 09:05 PM
    We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

    My friends is answered differently. His is from TSC and mine are from NSC.

    Does any of you know what does "UNKNWON" mean and what consequences it might have.

    Yeah! What the hell does it mean? I have the same thing - UNKNOWN...



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  • spicy_guy
    08-11 12:09 PM
    Pappu: Can we do anything about it? It does seem to be a good bill.
    If voting on the website really has any impact, why can't we do it?





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  • nonimmigrant
    03-31 06:16 PM
    Congratulations. Enjoy your freedom.

    What is the process did you followed to port from EB3 to EB2 ?

    New Labor with EB2 Job requirements
    I-140 Approval
    Port Over EB3 priority to EB2 after I-140 Approval

    (or)

    Do we have any other route to port over from EB3 to EB2.



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  • Munna Bhai
    11-14 09:56 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!

    Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

    Hope this helps.





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  • pd_recapturing
    12-13 02:43 PM
    My sincere advice - if u are here currently on a visa then forget about applying for GC..! Complete your education and get ur degree. Then - PACK UR BAGS AND GO TO ANOTHER COUNTRY OR just go back home.! This GC is bussiness is honestly not worth it anymore.!! Sorry if i sound frustrated or disheartening but I'm only being practical & realistic.!
    I second it. rkat's every word is right. Please do not make your education decision just based on GC EB2 or EB3



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  • eb3India
    05-21 10:26 PM
    oh well,

    we got a bigger fish to fry, I am sure those who might be using labour subs are legals here at one point and they do have a job,

    we are not going to gain much by these ammendments,


    I am just curious how much authority does USCIS and DOS have to alter our situation.

    I am still waiting for response from IV core members





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  • amoljak
    05-03 08:10 AM
    nk2006, Thanks for poiting that out. I have stopped thinking beyond I140 :)





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  • fastergcwanted
    07-18 09:19 AM
    See below:

    Taken from www.immigration-law.com

    07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

    The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!





    gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.





    putu99
    06-16 08:39 PM
    I am in a similar situation...I have been on an F1 visa for the last five years, and have just applied for my OPT. I will start work this August on my F1 OPT, and my employer was going to apply for my H1B visa shortly. However, my husband is on an H1 visa, and thanks to all the dates being current, he can now file his I-485.

    I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.

    Thank you.



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