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desigc
12-22 05:03 PM
Contributed $100 to IV.
Reciept #87H393384E9981342
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
Reciept #87H393384E9981342
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
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emmNemm
12-10 06:02 PM
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
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RollingStone12
04-25 08:53 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.
If you dont have anything...they wont approve.
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.
If you dont have anything...they wont approve.
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rajsri
03-23 07:50 PM
You can apply for premium processing by paying 1000$ so that you can get your extension in a weeks time.
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jamsumfarray
11-16 07:09 AM
Hi
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
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theconfused
04-02 06:39 AM
1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
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austingc
07-02 03:19 PM
Folks,
How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?
My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
The flight (emirates) lands at 3 or 4 am.
Also, any recomendations for Hotels ? Ideally near the railway station.
Thanks in Advance !!
Regards,
try agoda.com. I always book through them and cheaper than yatra and makemytrip. Sometimes agoda's price is higher than yatra so you have to compare. Just choose a hotel and then compare the price with these three websites. In the last 2 years I Booked hotels in chennai through agoda at least 6 times and everytime the price was atleast 500 to 1000 rs cheaper than other websites. I am talking about 3 and 4 stars.
How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?
My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
The flight (emirates) lands at 3 or 4 am.
Also, any recomendations for Hotels ? Ideally near the railway station.
Thanks in Advance !!
Regards,
try agoda.com. I always book through them and cheaper than yatra and makemytrip. Sometimes agoda's price is higher than yatra so you have to compare. Just choose a hotel and then compare the price with these three websites. In the last 2 years I Booked hotels in chennai through agoda at least 6 times and everytime the price was atleast 500 to 1000 rs cheaper than other websites. I am talking about 3 and 4 stars.
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desi3933
03-19 01:21 PM
.... once your 6 years cap is over and AOS is denied you cannot get extensions. ...
Correct.
Correct.
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member123
09-17 10:10 AM
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
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colors
09-05 11:42 AM
Kumar,
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.
Hope that helps
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chanduv23
07-10 01:20 PM
It appears to me that we should file all I-485 applications in July. Even if the advantage is illusory or marginal, it may be a good idea to file. If your application is ready to go, it should be filed. Regards. Rajiv.
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eyeopeners05@yahoo.com
04-30 02:25 PM
I thought we could do a AC21 for h1b or EAD and your latest post suggests I cannot ?
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Help_Us
05-21 06:37 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
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ns33
03-12 03:35 PM
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
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sdrblr
08-22 04:31 PM
I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.
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techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
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chanduv23
10-09 02:35 PM
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tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
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ruchigup
10-02 02:08 PM
If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Aah_GC
05-05 04:59 PM
Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.
Good suggestion :). Will definitely act on that ASAP!
Good suggestion :). Will definitely act on that ASAP!
Sheila Danzig
02-21 03:29 PM
With all due respect to the Murthy Chat, the CA has been to the appeals office where they have found it equivalent to a BA.
The following is from murthy.com site.
Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?
Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.
http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search
The following is from murthy.com site.
Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?
Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.
http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search
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