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Friday, June 10, 2011

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  • crazyghoda
    07-10 10:25 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.

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  • lazycis
    02-12 03:42 PM
    I am not sure what my status is at present.

    I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.

    My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.

    I do have the EAD permit and the AP which I presume is not being used at present.

    Please provide some guidance. My lawyer is not responding.

    First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.

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  • GCWhru
    03-24 12:22 PM
    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?

    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.

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  • nda050325
    02-12 01:07 PM
    Hi KaylaMarie,
    I will answer your questions to the best of my knowledge:

    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).

    Good luck with your trials.


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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.

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  • gauravster
    05-06 12:10 PM
    While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).



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  • Ramba
    04-16 03:25 PM
    Thats why I recommend paper file.

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  • muthukmk
    08-03 05:54 PM
    Hi all,

    My job duties are in fact the same and there is no change. My compay lawyer had incorrectly filed as EB3 as my initial job position said bachelors plus 2 years of work experience. I had five years of experience before joining this company.



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  • roseball
    05-02 10:52 AM
    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.

    Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.

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  • seahawks
    10-29 12:22 PM
    Follow the instructions that they provided to you and to the P.O box provided by them. Your attorney should have the information on how to go about this. Also provide a small write up with the refiling stating that refiling due to missing signature and put include receipt reference number and details. I think you should be okay.

    Again I am not an attorney but please make photocopies of all correspondence before you send it again.


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  • leoindiano
    09-06 03:27 PM

    you hit the nail on its head.

    USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.

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  • AZ_GC
    08-27 05:23 PM
    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).


    I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.


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  • cooldude
    08-03 09:54 PM
    Today nebraska issued total 4234 cases which includes all kinds of applications.
    last Lin numuber is lin0722554234


    How do you know??

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  • continuedProgress
    01-03 11:21 AM
    YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.

    YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
    If your travels are not urgent you could wait for AP and save couple hundred bucks!


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  • deepakd
    07-09 11:38 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.

    Well, USCIS would/may call the person who has given the reference.
    It may be very well be possible that this particular person is currently working for a different company.

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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.


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  • kshitijnt
    12-04 02:39 AM
    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP

    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?

    You never told anyone that ONLY you filed 485. Generally this is not the case.

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  • perm2gc
    11-09 04:33 PM
    Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...

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  • santosh19
    01-23 02:07 PM
    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy

    If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(

    02-12 03:38 PM
    I think you are not Out of Status as your H1 renewal is pending. You can wait for your exyension...

    11-09 02:55 PM
    Normally u get a recipt notice withing 2 weeks or submitting H1 application. Check to see if waht u have is a just receipt notice or a I-797 (H1B Doc).

    Last I knew I94 shud be at the bottom of the I-797

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