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  • coolpal
    03-23 07:25 AM
    dude.. that attitude might not help you on a public forum where people offer help/suggestions for free... and c'mon, this isn't your english class.. so I guess if you can understand 'ur' is 'your'.. you can get over it.

    coming to your point, I see no reason why you can't... only catch is, if you have already used up your 6 years of h1, then the new h1 time is in excess of 6 years, which will be approved for 3 years only if your AOS is pending and your 140 is approved.

    pal :)

    EDIT: btw, why don't you please update your profile, so it helps IV track uscis behavior.




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  • billu
    09-26 08:38 AM
    I am on h1b visa in my 6th year. My previous employer had applied for my GC under EB3. My I-140 was approved from old employer with the PD of october 2007.Now, my new employer is going to file the GC under EB2 but the lawyer is not sure if the I-140 would be approved (since its EB2). My question is:

    If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.




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  • shalabhgandhi
    07-23 08:48 PM
    Its the one on the extension form...well my lawyer told me and thats what I filled.




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  • evildrummer
    04-01 03:22 PM
    I strongly agree, and I think my girlfriend wouldnt be happy seeing this thread, but its ok, you also have esh



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  • chrisclick
    04-10 03:29 PM
    something worth resing :D




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  • crazy_gc
    10-04 11:55 AM
    i am in florida...and a trip to caribbean for stamping wud work out better for me compared to canada or mexico

    anybody who already got the stamping done here...if they could share their experience...it wud be of gr8 help



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  • ameryki
    04-16 07:59 PM
    I am planning to use AC21 to change employers. I signed G28 to allow the attorney for my current employer to represent me before USCIS. Since I signed G28, is it possible for my current employer to withdraw my I-485 application?

    Please advise on this...

    If I am not mistaken your 485 cannot be withdrawn by your employer after 180 days but they can withdraw your 140 which should not matter after 180 days. I am sure the pro's here will be able to confirm this.




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  • shishya
    05-30 03:05 PM
    Hello,
    I am trying to figure out if it is possible to sponsor (legal sponsorship support letter) my cousin back in India who is trying for higher studies in Canada (the letter to be shown to the Canada consulate). I am an Indian on H1B in US with Perm just filed.

    I heard that being a resident alien myself (as opposed to permanent resident) I cannot sponsor him? Is that true?

    If I can in fact sponsor him -- will that have any affect/complication whatsoever on my (i) Perm (ii) Tax application etc etc?

    He is an 18 yr old Indian.

    Thanks a lot for any advice!
    Piyush



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  • belmontboy
    09-15 09:33 AM
    I've filed for the I-140 with EB-1 category in business, then additional evidence was requested and finally received a denial. I would like to know:
    1. What are the chances to get approved after appealing? Depends on why it was denied
    2. If I were to appeal can I present new evidence? yes you should, else why would you even appeal??
    3. After filing the appeal, how long should I expect to receive an answer from DC office? should take atleast 4 months
    4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
    5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
    6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?Depends on why it was denied


    Thanks.

    Answer inline.
    BTW what was the reason for denial?




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  • nousername
    01-19 03:01 PM
    Sorry to hear about your situation. You are out of status the minuet you lost your job and the 180 days clock has already started ticking i.e. out of status for more then 180 days and still in the country may result in 5 yr entry ban.

    I don't want to scare you but just sharing the law details.

    Now you best course of action would be to get a job ASAP and get your H1 transferred. For this process immigration will ask for your last pay stub and if there is a big gap then they might reject your visa but again it is hard to say anything as it totally depends upon the officer.

    Also, hire a good attorney if you can.

    Staying in the US after losing a job on H1 is a gray area, especially when you have a valid i-94 hence getting a good attorney is very important.

    Also, you might want to look at student visa or visitor visa to maintain your legal status.

    Good luck

    Do you have any idea about the other legal options in terms of immigration i might have.?



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  • wait_2010
    08-18 04:21 PM
    Thanks Raj for the immediate reply.

    But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.

    Thanks

    I dont think you will need them . I am also filing premium 140 and lawyer has nOT asked for all I94s ..ONly the recent one..Dont worry much if you dont have all of them




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  • marryroy
    09-16 07:31 AM
    Hello...
    I am Marry here.I am also very interested in C#.That is a very nice concept By Microsoft.Please share more tutorials if possible.I hope to share updates for the software also.Thank you for sharing the post...



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  • obelix
    05-09 07:45 PM
    I'm seeking second opinion for my situation.

    My H1b visa has been extended for another 3yrs and my current stamped visa expires sept 2010. I work for a typical consulting company with a client at end and a vendor in the middle. I've a clean record and have been paid always for last 3yrs, without a single month gap.

    I'm visiting India in June for marriage so I wanted to go for the stamping as well. I've a situation where I'm looking for a second opinion.

    What would you do if you were in my situation:

    1. Go for visa stamping alone immediately after landing in India before marriage. Marriage is about 8-9 days after I land there. And, my spouse can go for H4 visa alone after marriage once marriage certificate is ready.

    2. Go for visa stamping after marriage with spouse as well. But I'll have only 7-8 business days based on the latest dates available after marriage.

    3. Don't go for stamping as I can return with a valid visa and I-797. My spouse can go alone after.

    I'm tending towards #2 just because if I do get stuck for some reason, I doubt they will process my application within 2-3 weeks without needing to alter the travel plan when I go with #1. So, either #1 or #2, if I've a situation in stamping then I doubt anything will get settled just in 2-3 weeks.

    I want to go with my wife just because I'll have one less work to get done and we can plan her transition from existing job.

    What will you do given same situation? Any risk that you see?

    I appreciate the thought. Please feel free to ask more information if appropriate for clarification of the situation.




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  • cloud 9
    05-06 07:34 PM
    I applied I-140 in June of 2007 and case was approved in Oct, 2007.



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  • vishwak
    10-14 10:37 AM
    Please ask your Husband to change company and apply for GC process immediately.

    He can't get extension on your's......contact attorney IMM




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  • kirupa
    12-07 12:48 AM
    Hello and welcome :nerd:



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  • H1B-GC
    08-07 02:30 PM
    Take an Inpass Appointment and Meet local USCIS officer and ask for help... Letter or Duplicate EAD. If you have a Job Offer letter they Might expedite the EAD Request..




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  • radhagd
    04-11 02:23 PM
    Hi,

    I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

    My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

    yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.

    Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

    According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!

    radhagd




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  • x1050us
    10-01 01:51 AM
    See http://immigrationvoice.blogspot.com/

    Could you change the flashplayer to something else that has forward/rewind controls. I closed the website a few times accidentally and I had to start all over again as this has no forward buttons.

    Secondly, does anyone have access to AILA ? There is a mention of procedures to correct improper rejections by the service centers for cases with incorrect date stamps, lost checks or documents due to the errors on part of service center. I am badly in need of these procedures because I need to know what actions my attorney can take to fix my rejection issue. And I am sure there are many more in the same boat looking for this information.




    sixburgh
    07-07 12:46 PM
    Goto VFS india website at https://www.vfs-usa.co.in/USIndia/Index.html.
    They are responsible for appointments.
    They have complete information.

    Your parents can get a passport extended here too.
    Check India consulate website about where you can mail the application where your parents are here




    wandmaker
    11-05 01:28 PM
    Hi guys,

    My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(

    I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.

    My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:


    Thanks for you responses.

    Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.



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