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  • StuckInTheMuck
    08-04 09:53 AM
    Another July 2 TSC filer. Got email today about RFE notice sent (don't know yet, but guess is medical - skipped this form in the original petition to beat the July 2 deadline).





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  • prem_goel
    12-03 10:24 PM
    I have...
    Frist stamp from INDIA (home country),
    2 Visa Stamps from Washington DC
    Last stamping from Matamoros (Mexico)
    Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

    YEs, but I am not a lawyer. Secondly you should refer to the US Consulate at Tijuana's website for the latest rules. I believe as of now, you are since you have 1 stamping from your home country.

    I met one guy during my stamping who had the same situation and he got approved. You have to show them the india stamping though, else they might get confused seeing your other stampings. Initially they said to him he was not eligible, but when he showed them his first India stamping they let him in.





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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.





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  • dollar500
    08-06 06:27 AM
    Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.

    Although you might be right about the movement.



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  • surge
    02-18 05:18 PM
    Hi Surge
    You should then consult a lawyer.

    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?





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  • mrsr
    02-20 10:37 AM
    Thank you very much sir, I really Appriciate your help.



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  • kaisersose
    05-29 08:09 PM
    Could you please clarify:
    - what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
    - did you mean premium processing 140?

    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.





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  • miguy
    01-11 02:27 PM
    My wife has started using her EAD so I understand that she would need to use the AP to re-enter US. But, I am still on H1 working for the same employer that is processing my greencard. Would I need to use AP to re-enter or can I re-enter on H1 ?....my lawyer suggests using AP but I've read at other places where they say you can continue to travel on H1

    confused......



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  • what_now
    06-14 03:08 PM
    CPO mail today......





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  • freddyCR
    January 13th, 2005, 02:31 PM
    Just a red "X"

    Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

    View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.




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  • arc
    04-14 09:50 AM
    You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

    On a side note:
    If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?

    The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!





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  • crystal
    06-15 06:20 PM
    I found in another forum similar question but not exact.

    http://boards.immigrationportal.com/showthread.php?t=115661

    as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly

    (moderators please do not delete the above link , as I am just trying to get information for my cause.)


    I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across



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  • p7810456
    01-10 03:57 PM
    munabhai
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

    which center, gcphul?





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  • gnutin
    06-10 02:36 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,

    H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.



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  • anilsal
    08-15 01:44 PM
    Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what are doing to community.

    Thanks for the contribution. :) Also I do suggest you take a look at the IV merchandise.

    Getting checks cashed must be a relief for you. Enjoy the peace that comes with it. :)

    Additionally:
    http://immigrationvoice.org/forum/showthread.php?t=12389





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  • s_r_e_e
    08-15 11:53 AM
    instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.



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  • go_gc_way
    09-22 02:50 PM
    Good idea !!

    I am with you folks. When I have added new members, I will let you know names.

    Please keep this thread alive.





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  • punjabi
    10-23 03:50 PM
    If you get laid off, find a company at a rate that will meet your minimum LCA wages requirement for H1B (W2) or EAD (I will approximate the wages mentioned in labor document). I think you have 30 days of buffer, but I will find something right away.




    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.





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  • nivasch
    05-26 07:46 AM
    Thank you Team IV, QGA & Staffers of various Senators, for all your efforts.:)





    JK747
    07-16 09:25 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.





    vishwak
    10-25 10:43 AM
    I believe applying for PIO is best.

    I applied for my Son sometime back in NY and got approval in 3 weeks.

    Not sure how it is in now and also depends on Consulate.



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