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  • abhishek101
    02-08 11:44 AM
    Yes you can using your I140, should not be any issue. Ask your attorney to do the paperwork, it should be straightforward.




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  • Blog Feeds
    05-20 01:30 PM
    In an extraordinary exchange at an event that is usually just a photo op, First Lady Michelle Obama fielded a question from a second grader that really reminds us of the fact that the millions of people in the US working without status today are real people with real families. While the antis choose to dehumanize these folks by portraying them as criminals and parasites, this little girl reminds us that we're talking about people who are faced with terrible choices in life - living in utter poverty in an unstable homeland or living in the shadows in a wealthy...

    More... (http://blogs.ilw.com/gregsiskind/2010/05/but-my-mom-has-no-papers.html)




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  • agupta2683
    07-08 03:07 PM
    I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "



    I would really appreciate if you can educate me of what I might be doing wrong.

    Thanks,

    Ashish




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  • brij523
    03-02 06:10 AM
    If the company has processed your H1-B and they have fired you. Probably you are entitled for return fare to your home country. Because somewhere under some clause of H1B application, company has to sign that they will give return ticket to employee when the work is done. Please do some home work. Go to USCIS site and look for details needed to file H1-B application. Or if you have your H1 paperwork, look into it. You will stumble on something.



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  • kaisersose
    09-17 12:03 PM
    You can take a 2nd additional job if needed..
    Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...

    And when you invoke AC21.. You must have EAD in hand...

    NB: WWW = Work Women Weather...

    AC21 can be invoked by transferring H-1b.




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  • jonty_11
    07-27 10:37 AM
    if there was something IV core would have informed us and suggested action items..
    as of now concentrate on 2 action items

    - Sending Thankyou cards
    - Upload IV video on utube



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  • OPT331
    02-26 05:09 PM
    Hello,This is my first time here.
    I am graduated F-1 students and now working in my OPT period
    OPT valid 4/1/2008-3/31/2009.

    I am gonna send application for H-1b on 4/1/2009.
    If H-1b approved in April or May 2009.

    My Questions are:
    Can i work and stay in US during 4/1/2009-5/31 ?
    ( what is my status,OPT expired on 3/31/2009,H-1B not approved)

    Can i work and stay in US druing 6/1/2009-10/1/2009
    (What is my status?)

    Thank you !




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  • SH2009
    06-10 09:04 PM
    Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
    New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.

    I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.

    One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.

    Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?

    The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?



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  • willgetgc2005
    04-30 09:38 AM
    Hourglass,

    I sent you a PM



    Hi there,

    yes myself and couple of my friends went thru Mr Gotcher lawfirm. Strongly recommended, very experienced, specially handling tough cases.

    Bit expensive though,

    good luck.




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  • sheish
    09-22 11:03 AM
    Hi,

    Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?

    Thanks.



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  • vivek_k
    05-07 03:25 PM
    Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?




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  • vxb2004
    10-03 07:03 PM
    As far as I know, I think you need an approved I-140 before you can use AC21.



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  • manbeing
    12-27 06:48 PM
    but on my LCA, my lawyer entered 5/17 as my last day for continuous employment reason.(my first day in my current company was 5/18). Will that be a problem?


    All experience letters should indicate the last date of your employment as 5/15.




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  • gc03
    12-20 03:57 PM
    nice article by IV!



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  • maheshf
    03-23 11:49 AM
    Bump




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  • thomachan72
    05-21 01:33 PM
    Hello All,

    My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

    Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

    My questions are:

    1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

    2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

    Please advise.

    How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.



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  • qwerty14
    01-20 01:00 PM
    I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.

    I have a fulltime offer from my client which is a global bank and so i would like to move to them

    My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
    My current employer wont give the copy of approval.



    1. With this Can I apply for I-140 based 3-year transfer?

    2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?




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  • Bharat123
    07-26 07:38 PM
    My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.

    Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?

    Appreciate your valauable advice.




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  • mundakamal
    06-13 07:49 PM
    Hi All,

    My employer after too much of talks is ready to file. But in all the applications he wants to put his address so that he receives the EAD card and AP..He is not ready to put my address. Can he keep my EAD card ?

    Gurus please advise...

    Thanks!




    manbeing
    12-27 04:35 PM
    Hi sbmallik ,

    Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?

    I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!

    I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.




    soumya_bhatta
    03-23 07:33 AM
    Hi,

    Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.

    Under the circumstances, can I apply for a AC21.

    Thanks,

    Soumya



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