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  • irock
    07-27 12:15 AM
    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..

    Before they used to approve one or three years based on either Receive Date or
    approval date (random) of your H1 extension application.


    But in the latest FAQ http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf (question 17),
    they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
    you three years extension.

    I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
    Now it seems I get only one year extension.





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  • rajubuthi
    08-18 08:47 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:

    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    Please advise me what to next..! Is there any chance of a positive result.?

    IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?

    Thank you..

    Rgds,
    Raju





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  • genscn
    07-30 01:39 PM
    Is it mention some where on USCIS website? I live in GA but since I-140 was filed at Nebraska center, My attorney sent my I-1485 at Nebraska too.

    Yes





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  • gcfriend65
    12-06 10:08 AM
    So, did you follow up later...to see what happened on your case or are you just waiting. My lawyer says that the timelines are just like that.

    I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
    even my employer opened a service request.



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  • transpass
    02-27 02:00 PM
    Why are you giving illegal advice on the forum.
    GC and H1 is employer application and employer should pay for it. It is the law.

    Dude,

    H1 is the employer application and employer should pay for it...Not GC...My post clearly states that you can bear expenses for GC instead of the company...Ofcourse you need to get the necessary paperwork from the company for GC as I indicated above clearly.





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  • ysramu
    03-31 02:09 PM
    previously when entering on AP, they used to ask for receipt of 485.
    so main proof they look for is a valid 'inprogress' 485 appln.

    i dont think theyll ask ur wife to show her EAD card at the port of entry.

    to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.

    having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.

    this shud be an easy qn for ur attorney.

    Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.



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  • reachinus
    11-18 01:41 PM
    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

    2) file a new labor and port her PD from the approved 140?
    A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
    A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

    Hope this helps.





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  • funny
    08-13 03:46 PM
    Folks,

    Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?

    Thanks



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  • axp817
    05-15 08:27 PM
    The way things are looking right now, you will probably get US citizenship before Eb2 Feb'06 becomes current.





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  • ChainReaction
    04-24 07:04 AM
    I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:

    I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?



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  • BMWX5
    02-22 10:35 AM
    First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.

    You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.

    It could take some more months, before you are able to file for 485 again.

    Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.

    Well said. However what is the necessity for you to say
    <b>who might have faked their resume, like some IT pros do</b>
    Take it easy...





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  • riva2005
    05-21 01:40 PM
    Immigration in United States is a soveriegn issue of this country and foriegn governments cannot do anything about it. In fact, it would be offensive for Indian Govt to advice US congress to do something regarding immigration.

    Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.

    Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.

    Please end this discussion here. It looks really naive of us to even think like this.



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  • ragz4u
    02-24 01:31 PM
    Please take a look at page 249. If I understand it correctly, it mentions that the quota for EB1 goes from 28.6% of EB visas to 15%, EB2 goes from 28.6% to 15% and EB3 goes from 28.6% to 35%

    That means they WILL create a new category of EB visas since they have to utilize these extra visas somewhere!

    Am I reading it right?





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  • supender
    12-28 07:55 AM
    Thanks



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  • kaisersose
    07-08 10:37 PM
    Here is my general suggestion. We have a lot of examples to learn from.

    A desi consulting company will pay lesser, may not offer challenging work, and may have some weird restrictions in place. On the plus side, they are relatively more stable than American consulting companies when it comes to green card processing as the liklihood of layoffs are lesser.

    People on H-1b should not be out to switch employers for a little extra money. Instead, they should look at the big picture and ask themselves what they want. If the GC is in mind, then plan for it now...not when your 6th year is just closing. If there is no interest in the GC, then you can chase money and join the one who pays more money. However, in many such cases, H-1s have eventually changed their minds and pursued GCs, but valuable time is lost as a consequence of not knowing what they really want.





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  • validIV
    03-25 01:36 PM
    My employer paying for my work!

    You just said you were unemployed for 4 weeks? But you're getting paid?



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  • Robert Kumar
    03-17 11:19 AM
    Any recent experiences please.
    How easy or difficult is it.

    Is it any different in Chennai or in Hyd.

    I heard different things like some employer memo or something. Is it related to stamping.
    If it is, please share your receent stamping experiences.

    Is Canada better.,

    Thank you
    Bobby.





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  • desi3933
    03-24 08:50 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing something here.

    If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.


    ___________________
    Not a legal advice.





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  • ksach
    04-04 08:15 PM
    Oh... the H1b worker who maintains the site got frustrated that his gc is going nowhere and went back to his home country.

    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.





    STAmisha
    11-16 09:44 AM
    janakp

    I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.





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