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  • prem_goel
    08-22 12:13 PM
    i hope its not because he's asking this question. I see nothing wrong with him raising this query here.





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  • roseball
    02-09 11:37 PM
    Hi

    I am planning to apply for new PERM under EB2.

    Just checking during these days, how long it takes for PERM approval.

    Pls update the timing if you or your friends got the approval in EB2.

    Thanks

    Around 10 months if your case is not audited and over 2 yrs if audited.





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  • stxvr
    08-15 02:05 AM
    Hi,

    I heard that if the filing of the 140 /labor /485 (any of them) have the filing date < 1 year at the end of the 6 year of h1b then I can not extend my H1B for the 7th year.
    Questin: Is this correct?

    Details:
    Filled labor in june 2007.
    Filled 140 /485 in aug 2007
    6th year H1B completed in feb 2008.

    Question: Am I eligible for the 7th year h1b extension?
    If yes then for how many years of extenstion I get?
    If not then please suggest what to do.

    Note : I have not changed my employer since last 3 years.

    Regards.





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  • vpadman
    11-26 06:11 PM
    Has anyone who filed in August received AP yet ?
    If so, please update your AP filing date.



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  • stlus
    06-15 02:43 PM
    Hi

    I have applied for I-140 thro Substitute in March 2006(15 months ago) and I got a query on my education and company financial status in August 06 and attorney replied back to query in the month of October 2006.
    When I check my status online shows as "we received your application on October 20th 2006 and in process".

    Last month there was an updated date on 05/25/07 on my case and when i checked with employer, he says we have not yet received any information from USCIS to attorney.

    Now the attorney says, we will be Re-filing my case, as one case got denial from my company (Not mine itseems). So that we will get new Receipt Number as I have only 8 Months left on my H1 and we can apply for 1 year extension meanwhile before 6 months of H1 expiry.

    Is it a good idea to re-file I-140 from the same Service Center(NSC)?

    or Can I apply in PERM now as I have only 8 months on my H1.

    Pl. suggest.





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  • LegalIndianInUSA
    03-06 06:56 PM
    Not sure if this document was discussed in the forums elsewhere. (If it was, please link it in this thread and close this thread)

    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf


    Does anyone understand what they mean by "Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience."

    Does it mean that ppl file I485 at their own initiative (but thats not true since we cant file it until numbers are available), or does it mean that we should call USCIS and pester them and ask them "Is my application documentarily qualified ?"

    Is that the same state as "preadjudicated" ?

    Isnt it weird that AOS is the last group of people who get assigned numbers ? "CIS requests visa allotments for adjustment of status cases only when all other case processing has been completed."



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  • reapit
    03-22 04:56 AM
    Hi,

    I have a approved I-140 (EB3 with PD of Oct 2007)

    Is it possible to transfer I-140 to another employer?

    Thanks in advance





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  • pd_recapturing
    07-02 07:09 AM
    For item 16 what should be the CFR code: is it (c)(9) or (c)(0)(9), since there are 3 parentheses...please help!!!!
    my lawyer told me (C)(9)



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  • srinivasch007
    02-28 12:22 AM
    Hi,
    1> Presently i'm working for company A and wants to transfer my visa to company B. After transferring my visa to company B, if i don't want to join immediately to company B and want to work for some more time in company A itself. Is this possible? If it is possible how many months i can hold my H1 visa of Company B or Max after how many month i can joinvto company B?

    2> Presently i'm working for company A and i had a bond in India with this company an amout of $9000. if i leave the company within 1year I should pay this amount to the company. If i break the bond and join to other company, do i really need to pay this amount. Please help me.

    3> After i transfered my visa to company B from company A, and i don't join this company immediately and still i'm working with Company A only. During this period if i go to india and comeback will it create any problem in immigration or any where else. Please help me.





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  • Blog Feeds
    06-25 01:20 AM
    Eweek.com reports that H-1B recruiting firms have filed suit against USCIS, DHS over changes to the H-1B presumably related to the Neufeld Memo. *The companies indicate that the government is overstepping its mandate and burdening these specialists with an intrusive and costly ruling that they estimate will cost more than $100 million.

    Read article (http://www.eweek.com/c/a/IT-Management/H1B-Recruiting-Companies-File-Lawsuit-over-Rule-Changes-428725/)


    More... (http://ashwinsharma.com/2010/06/24/h1b-recruiting-companies-sue-uscis-dhs-over-changes.aspx?ref=rss)



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  • aspireus
    05-19 03:57 PM
    My I 140 approved under Eb3 if i want to change my job and my employer is willing to do in EB2 can I use my old PD from I140 EB3 ?





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  • easygoer
    08-06 07:05 AM
    Can Anyone please help?



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  • senglory
    06-23 10:15 AM
    How can I get know if my H1B was cancelled or not? Of course without asking about it my last employer.





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  • simpleguy
    07-24 11:23 AM
    Hi,
    My PD is Dec-04 and I-485 filing date is Sept-07.

    I changed my job in Aug-2008 and discontinued my H1B which is expired in Sept-2008. Now my only legal status is 'adjustment of status from H1B to Permanent Resident'. I think this is very common state most of the people waiting looong for GC fall into.

    Now, I saw one of my friend's i-485 denied (with NO option to reopen!) bcoz an approved I-140 was not attached to this application. I agree that this is not simple mistake for USCIS can ignore, but there is always a 'very very remote' possibility that every application can be quetioned due to some flows in the filing.

    Here is my question: Since I discontinued my H1B status and I am still in this country, can I apply for a fresh H1B? I am thinking because H1B quota is still open this year and to face any unexpected reason for 485 denial!

    thanks in advance!
    - simpleguy



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  • Asian
    01-16 01:28 PM
    Considering many limitations to move a job from non-profit to for-profit, I am considering moving my job to another non profit. With my current employer, my 6 year H-1 B will expire by the end of next year April. So if my change my employer, I will have a very short time to start the process again till I reach I -140 approval again with the new employer.

    I heard that from non-profit to for-profit, you are subject to the quota and you have to apply for H-1B quota. But in this case, your previous 6 year with non profit doesn't count.

    But if I move from non-profit to non-profit, do I have to reach I-140 approval before my current H-1 B with my current employer expires? Or do I just get another 3 year with new non-profit employer?

    If I have to get I-140 approval with new non-profit employer before my current 6 year H-1 B expires, is it doable?

    Thank you for your advice!





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  • stuck07
    03-03 02:08 PM
    My wife works for a University on her CPT. The University received a prevailing wage for her for her H-1B from the state agency on December 31, 2009 and it is still valid.

    1. So when the University files for the LCA, can they use the prevailing wage from the state agency or do they have to use I-CERT for prevailing wage (ETA Form 9141)? Can the University use any other source for prevailing wage?

    2. How long it is taking now to get the LCA certified?

    Thanks.



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  • martinvisalaw
    09-04 05:14 PM
    You can only change the name on the visa by applying for a new visa. Since that is probably impractical and too much trouble, I recommend keeping the visa as is until you need a new one. If the name on your other documents is your married name, you can carry a copy of your marriage cert. to show the reason for the difference.





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  • belmontboy
    03-15 10:41 PM
    Hi,
    I got H1 in 2008.
    I want to that till how much time is the petition valid , if I dont go for stamping.

    Also , suppose my company withdraws the petition, so now till how much duration my cap number is valid?

    Expiration date will be mentioned on I-797 approval notice
    you will be counted only once against cap. and you can be on H1/L1 for total of 6 years (without a break) - ofcourse assumption is that you never file for a GC





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  • mhssatya
    02-15 01:26 PM
    hi there,
    i'm planning to bring my in-laws to USA and they have their visitor visa appointment next week. everything is set but i'm a littled worried about demonstrating financial stability to sponsor them.
    i have paystubs & employment letter but the bank letter doesn't look so good. i live on check-to-check and my current balance is around 3K. you think i should take chance and go for the interview and hope VO doesn't ask for bank letter or doesn't mind the balance?

    please help. any feedback is greatly appreciated.
    satya





    darsh678
    10-27 11:10 AM
    Hi
    I fall in Schedule A which is going to retrogression begining Nov, 06.
    I am on H4, meanwhile i just made it to file my I140, 485, 765 and AP concurenntly, hence will get my EAD, but no approved 485. My situation is I dont want to be with this employer for long for this is in upstate MI, where my spouse wont be able to continue the H1, hence we will be living seperate for sometime.
    Now after my 140 approval and 485 pending for 6 months can i change the employer, I heard something with AC 21 you can. But what are the pros and cons with it.
    Can my employer revoke the approved 140 after 6 months too.





    pod1
    10-21 12:38 AM
    I am in 6th year of my H1B. It is expiring in Aug 2011.

    Here are some details:
    - My I-140 is approved with a priority date of Aug 2006 under EB2-India.
    - I did not apply for I-485 so I do not have a EAD.
    - My wife is also on H1B which expires in Aug 2012.

    Here are my questions:
    1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
    2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
    3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
    4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
    5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?



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