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Dhundhun

06-25 02:16 AM

Thanks for replying.

For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


You have valid Visa.

#1. You go to India and when you come back, you get new I94.

#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?

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pmb76

07-17 07:00 PM

my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

Below is a rough checklist I prepared for myself:

1. Six Photographs with name on back in pencil. YES

2. Copy of Birth Certificate with affidavits from Parents. YES

3. Checks for Filing fees. YES

4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

5. Color Copies of passports. YES

6. Copy of I-94 both sides. YES

7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

9. Medical examination Report. YES

11. Letter of Employment. YES

12. Copy of EAD and EAD application receipt. YES

13. Bank statement. YES

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alien2006

08-08 08:21 AM

Location: MA
Job: Software Engineer-Developer

Thanks for the reply.

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GCard_Dream

01-04 04:02 PM

On the homepage, just click on "Forum". At the end of that page you'll be able to see all the details.

Is there a place the membership number is shown?

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kirupa

09-11 10:31 PM

Hmm interesting! I am completely swamped with other tasks right now, but I'll *try* to look at in greater detail shortly :)

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Robert Kumar

02-24 03:18 AM

Hi-

I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

Thanks

Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.

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vagish

04-20 11:08 AM

Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

Thanks for help

expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.

thanks

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gcnirvana

04-20 11:29 AM

I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.

I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
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skynet2500

10-19 01:00 PM

Hello,

My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

Obviously I am worried sick,

Any help, pointers, suggestions are much appreciated.

Thanks,

Few Suggestions..

Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office

Good Luck.

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GCard_Dream

07-28 04:43 PM

Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.

When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.

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neogator

02-15 03:36 PM

Inter-State( Country ) marriages would be on the rise !! :)

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h1denied

03-16 08:17 AM

I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.

What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

Please guide me asap. Thanking you in advance!

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hazishak

07-31 11:26 PM

My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

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gcwant

04-03 06:44 PM

I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
please advice

thanks
gcwant

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pagalForGC

06-17 03:54 PM

Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

Thanks...

As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.

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gc28262

03-09 11:51 AM

Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?

She could have filed I9 form on the last day or penultimate day of work. Straightforward thing to do is employer giving her a termination letter or her submitting a resignation letter on the last day of employment.

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blacktongue

10-04 01:15 PM

It was not supposed to be shown to Indians on IV

Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)

Traitor.

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gc28262

05-04 10:21 AM

Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The

I assume you haven't filed your I 1485 yet.

Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

When you are in India, you can apply for an H1B and get a visa stamping while coming back.

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piyu7444

04-07 07:10 PM

Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced

1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

All the best to everyone.
Congratulations and thanks for the tips. This can be helpful to a lot of people.......

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kriskris

07-31 09:34 PM

Dear All,
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.

Hi bijualex29,
Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.

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Ramba

07-25 04:40 PM

Very easy. No need to file new 485 or CP. Interfile, by sending the copy of new 140 approval notice to your pending 485. Requset them to consider your latest approved Eb2-140 as a underlying immigrart visa petition for your pending 485. Ofcourse, you need a latest employment offer letter from the original sponser when requesting the change.

However, this may require aggressive follow up with USCIS.

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