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gcformeornot

07-25 04:31 PM

Come on people please vote....

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milmuk

08-24 06:47 PM

Hello experts,

I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.

They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?

My details are as follows:

My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010

Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.

Please advice.

Thanks

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BMS1

09-07 09:13 PM

Yes I have seen that before (though I do not remember if it was Williston). At that time, Fedex told me that they have a some sort of bulk pickup arrangement (probably they may not be able to run the scanner after that pickup). But there were no problem due to that for me and my packet was delivered in time.

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garybanz

03-27 03:18 PM

Can anybody tell the stages in I 485 approval.
Backround check
previous status in this country
Medical

what else they check during this stage?

Following are the stages


You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You wait
You get it :)

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cagedcactus

05-01 12:01 PM

http://www.freep.com/apps/pbcs.dll/article?AID=/20070501/NEWS01/70501019

check it out.......

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Alien

03-17 04:57 PM

but but you will still need to wait for 9+ months to get your new 140 approved right?

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Dhundhun

03-27 07:35 PM

:)LOL:)
Wait for GC is a lifestyle.

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coolpal

04-17 07:16 PM

If IV is critical about the spelling... "immivoice" handle is still available...
I think if IV has regular updates, twitter makes so much sense for such a cause..

damn someone named islevista or something like that took IV and is actively using the handle :(

pal :)

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eb3_nepa

06-14 02:38 PM

What happens after the I-485?

I guess I-486:D


Funny. :)

But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.

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rajeevkaza

04-09 12:40 PM

If your 140 is approved and you are applying for extension you will get 3yrs extension for your H1B if not you get only 1yr extension. So wait for one more month from now to see if you get ur 140 cleared. Pls provide more details when n where did u apply ur 140 for us to give u better suggestion, but yes you can apply H1B extension based on ur pending 140 petetion.

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baires

09-02 08:40 PM

Good info. Much appreaciated

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Beasle

07-11 07:28 PM

My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.

From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.

My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.

As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.

Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?

Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?

Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?

My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?

I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?

Thanks for any tips and advice.

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rsayed

02-21 03:38 PM

Hi

My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

kindly advise

I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.

Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).

From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.

GOOD LUCK!!!

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Iamthejuggler

03-29 01:24 PM

I am not the judggler!

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harrydr

08-26 10:36 PM

My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct.

Please throw some light on the above points. Thanks in advance.

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frostrated

06-21 01:48 PM

Thank you frostrated for your reply!

I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.

yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.

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sircaustic

05-13 10:45 PM

Like I said earlier, you have 240 days before you go out of status. If you are receiving an RFE, it means your case is under review. Upon receiving your response to the RFE, the officer should be able to adjudicate case fairly soon. However, if you are nervous, I recommend file for an expedited review when sending your response. That said, I would hate to pay the extra $$$$ if I don't have to.

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OTTO

05-13 03:17 PM

Thanks for your reply.
Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?

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nybear1

07-20 09:23 AM

I am in a similar situation and was rejected due to the same reasons.

Has the original poster received any update on their E-file yet?

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wandmaker

05-27 05:16 PM

1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?

2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?

Greatly apprecite any response...

thanks


You can use your 140 approval notice copy to extend beyond 6 years. It does not matter to which employer the 140 belongs to. It is not mandatory that you should have 485 pending.

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shsharma_2000

02-08 12:39 PM

I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.

Same thing happend for 3 of my friends.
You have to be out of country for 1 year to reset the clock.

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