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  • martinvisalaw
    06-11 04:46 PM
    USCIS has specifically answered a very similar question in 2004. The answer is "A change of status take effect automatically on the effective date noted in the [approval notice], even if there is an intervening admission...."

    Your H-1B status should therefore take effect automatically on 10/1/09, assuming it was approved as a change of status.

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  • gk_2000
    04-06 04:30 PM
    Hmm fresh new ID?

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  • sdckkbc
    03-23 06:24 PM
    I have I-140 approved from my old employer. My new employer is starting my PERM. We plan to port my old priority date. My question is at what stage of GC process from new emplyer can the old priority date be proted - PERM, I-140 or I485?

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  • ashish.mokashi@gmail.com
    11-03 11:53 AM
    Hi All
    I have submitted my Indian passport for renewal at Houston Indian consulate via mail , it�s been close to a month I haven�t heard anything from consulate. I tried calling them up, no one attends the call.
    Do you have any idea how can I speed up this process? Does personal visit to Houston consulate will help in speeding this up? Does passport submitted via mail can be handed over to me in person ?



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  • Blog Feeds
    09-28 12:40 PM
    The Cap seem to be moving slowly in the past few months, but something is different with the release of the new count this week.

    As of September 18, 2009, approximately 46,000 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. It seems that some employers are hiring again and willing to file for H1B visas for specialty workers. This is a good sign, but this also means that visas may run out sooner than expected.

    USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

    More... (http://www.visalawyerblog.com/2009/09/h1b_visa_cap_september_24_2009.html)

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  • gkdgopi
    06-21 10:36 AM
    my visa , H1b expired, but have applied for H1b extension pending since Mar 2007, but i think as long as we are in legal status inside the country it should be fine - my 2 cents.


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  • Bhadwaj
    10-07 05:08 PM

    Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.

    My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).

    Given all this, I have following questions.
    a). Are there any risks associated with filing AP.
    b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
    c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?

    Appreciate any help/pointers on this.


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  • acharaniya
    09-05 05:02 PM
    Forgot to mention this is AOS case that was transferred. My AP renewal is still sitting in TSC.


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  • ItIsNotFunny
    03-22 10:41 AM
    What help do you need? To complain about this company to USCIS or to buy this company? :)

    Let us not make these forums a place to discuss companies and job prospects.

    In better words, let us keep IV limited to retrogression and immigration related issues only. There are other portals available where you can discuss all this.

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  • sayonara
    09-21 06:10 PM
    If you search the forums, you will find this has been the latest trend , I think for most folks who live and work in CA. Not sure about maintaining the receipt date, I had the same question, but I think the answer is not well known.

    Hope that helps !


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  • wandmaker
    11-19 12:19 AM
    You can use "nunc-pro-tunc" to get H4 extension. There has been lot of information and discussion at http://immigrationvoice.org/forum/showthread.php?t=15408

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  • ajaysri
    09-13 12:30 PM
    Does the published cumulative demand data represent

    a) all pending 485 cases that include primary applicants and their dependents
    b) all pending 485 cases that include primary applicants only?

    If say, the demand data for EB3, till 2004 says 35,000 - does this mean there are a total of 35,000 pending cases in total OR does this represent primary applicants only?

    If it represents primary applicants only, what is the multiplication factor we need to use to get an approximate number for total pending 485 cases?



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  • malibuguy007
    09-11 02:57 PM
    Also I have read conflicting responses e.g. some users have suggested not working and other have said you can work 180 days after EAD expires.

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  • e3visa
    01-10 07:50 PM
    If you have a pending permanent residency application you should still be able to work under h1b status, particularly if your i-140 is approved.


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  • raju_abc
    03-15 10:37 PM
    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?

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  • vrkgali
    06-19 03:15 PM
    Hi Gurus

    My I-140 petition was denied 2 months back and My attorney is trying to re apply for it. In the mean while there is a query on the company it self and our attorney is working hard to get it cleared.

    In the mean while I am thinking about switch the employer.

    I am in 8 th year extension and My VIsa is valid until jan 2008.

    1.Assuming some comany offered me to apply for I140 and 485 and join that the company, what will happen If I140 has not been cleared before Jan 2008?.

    2.What are the pros and cons I should think about when I switch the company.?

    Thanks in advanse ..


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  • bharanisel
    07-21 12:51 AM
    My concern is that now at this point of time is L1 blanke getting rejected in more number

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  • axl271
    06-23 11:50 AM
    I was laid off in early April, and the employer told me that they would revoke my H1B 30 days later (early May).

    Now finally I get a job offer. The new employer can start to work on my h1b now, but the starting date will be late July.

    I have an EAD right now based on my approved 140 and pending 485 (>=180days)

    I talked with my attorney, and he said I would definitely have to go back to re-activate my H1B abroad, so I should use EAD instead of doing H1B.

    Is it true that I have to go abroad to re-activate my h1B? I saw some people transferred sucessfully

    Any thoughts? Thank you very much.

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  • alien02k
    07-11 09:59 AM
    First of all I am filing by postal mail USPS(not e-filing)

    1)is it necessary to include I-765 receipt notice(EAD) with my AP application.. But I have only my last years one which will expire in a few months.
    2) for AP renewal is it necessary to include marriage certificate for spouse
    3) When filing by postal mail, and also considering i applied my I-485/I-140 before july 30/2007, old fee schedule... do i need to pay biometric fee for my AP renewal
    4) I am in Texas and for mailing EAD and AP - can I send them together for me and my spouse. I see different PO Boxes for EAD and AP addresses for the Mesquite, TX address

    IN I-765, is it enough only to specify the previous EAD information regarding the office filed and receipt date...or do i have to include my OPT EAD as well as my previous EAD filed last year.

    Any clarification is highly appreciated
    Thank you

    09-07 10:16 AM
    Supposed my I-485 was approved, am I legally required to go to USCIS, surrender my I-94 card and get a I-551 stamp? Could I just wait for GC to come in the mail?

    07-27 11:21 PM
    I am applying to renew my EAD and looking at the paper Application on page 7 I see that if you are C9 which all of us are mostly..we need not file an application fee..
    Is it true..
    Plz help

    If you paid the new fees when you filed last year then you don't have to pay the fees again this time. But if you paid $180 for ead then pay again now.

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