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desitechie

01-11 02:11 PM

Hi,

Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.

Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.

Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.

If i use EAD and if my I-485 has any issues, what will be my status?

Thanks for your help.

If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.

AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.

I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.

I personally used H1 transfer and AC21.

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Berkeleybee

05-25 07:17 PM

What about validating the visas in the US? I think it was some where in Brownback amnd.

There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out

We will have to do a post-final-bill-with-amendments analysis.

Please hold on till that becomes available.

Thanks,
Berkeleybee

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Friends Quote

chanduv23

09-04 10:41 PM

My apologies for those who signed for this event. This has been called off. A decision was made by Chapter volunteers in the Tri State Conference call tonight.

THANKS FOR THE UNDERSTANDING

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gcdreamer05

01-15 09:45 AM

So could you please explain when does this new process kick in, does it apply to all apps filed after may 2008 as said in the article ?

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vactorboy29

02-24 10:05 AM

He is the best player in cricket history. I admire his passion and dedication about cricket.
Congratulations to all cricket lovers...

We will remember this record all our life ...

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Munshi75

09-13 09:15 PM

You cannot work with an expired EAD. End of the story.

But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.

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carbon

09-12 01:14 PM

Hi Guys,

I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.

thanks

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meridiani.planum

10-07 05:32 PM

My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

But my question my I94 is expired on 9/30 then what is my current staus.

thanks in advance.

had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.

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rsdang

08-27 04:55 PM

I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.

They did not accept the I-485 receipt... They did accept the EAD and renew based on that...

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hinvin66

08-11 12:08 AM

EB2-I PD: May 30, 2006

The saga goes on...

My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...


Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet

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ramaonline

12-28 07:23 PM

Note that u can only have passive investments (something like investing in stocks) while u are on H1B - Actively working for your business is not allowed.

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SGP

09-27 10:43 AM

Thanks once again for the reply.

When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

Thanks

Omi.

Sailing in exact same boat. Surely will appreciate replies from Raj.

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sanju

01-20 01:41 PM

Yes, it looks good, maybe that was done purposely ;-)

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phigi

08-19 03:33 AM

that got me back my rights to Post messages. thanks Kannan

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yoshi

11-17 07:16 AM

Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.

The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.

I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:

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raysaikat

07-19 10:37 AM

Hi All,
I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

Thanks,
Amar.

In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".

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cr52401

04-23 08:57 PM

Guys, today I got our permanent residence visa from Canadian consular in LA that I almost had applied three years ago.
The visa is valid until June 9, 2007 and I really can not get my job done here in US until then. It is just too close. Even kinds will be in school by then.
Any one knows that if I can apply for an extension or not? I really don�t want to let it go since we spent so much money for it.
Any help is appreciated.

Thank you.

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Anders �stberg

April 10th, 2004, 10:23 AM

That's a good theory Fred, the gulls seem to get in a frenzy for instance if there is food around, so it wouldn't be unlikely that they get careless enough to fly into things.

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nhfirefighter13

October 25th, 2004, 10:00 PM

I have a really hard time focusing on the fence in the first two. I would pick three as my favorite but only with a slight lead over four. I actually like the grean in four as it adds a nice variation is color...but I don't like the ceramic thingy.

Nice texture in all of them though.

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amenon

05-01 10:29 PM

I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?

Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.

Thanks again.

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pappu

05-27 02:52 PM

sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.

Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.

From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.

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