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  • sankar_203
    04-20 10:20 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..





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  • chanduv23
    02-15 09:26 AM
    Hi,
    My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
    That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.

    Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.

    or
    he might issue the H1B visa because it is a dual intent visa.

    So what's the chances of her getting the H1B visa.

    Thanks

    Check out some websites, there is something called hardship waiver, see if it applies to your case





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  • another_wei
    05-02 01:07 AM
    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.





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  • saileshdude
    08-26 03:20 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.



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  • puzon23
    02-12 10:56 AM
    To Whom It May Concern:

    My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

    What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

    Please advise.

    Thank you so much for your time!





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  • ABC of GC
    06-14 12:57 PM
    I think I am in the same boat,

    I am almost ready to file 3 years H-1 extension based on I-140 approval and priority date not current (as of day before yesterday that is what we all knew). Since I don't have 365 days for the labor filing, I am not eligible for 1 year extension.

    I wrote that to my lawyer and they told me that we can still file before the end of June using premium processing since the priority date are current effective July 1st. But they don't know how USCIS will act. They may approve the extension for 3 years or they may deny the extension.

    What you guys suggest.


    Completed initial 6 years of H-1 in December 2005
    Priority Date October 19th, 2006
    I-140 approval - April 13th, 2007
    Current H-1 expires October 15th, 2007



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  • sdrblr
    09-04 03:32 PM
    What did you do to piss them off :D.

    Oh I think I know what the problem is.... the big "R" word .................. RETROGRESS !!!

    If you are EB2I then you have to wait for the card..dates are not current yet :D




    Guys,
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

    SoP





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  • kmkk2006
    04-09 03:50 PM
    Bumped



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  • lskreddy
    08-14 12:04 PM
    Congrats. I am sure it is not easy to leave everything behind. I see a lot of positives in R2Iing and the worst case scenario is if it does not work, you could come back here with a fresh H1. Sent you a PM..





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  • stuckinretro
    10-03 12:18 PM
    I received the same email for 131 waiting for the hardcopy.

    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.



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  • eadguru
    11-05 01:50 PM
    No Finger Print Notice yet. Did any one in the same situation (Aug 03rd. TSC -> VSC -> TSC)

    ----------------------------------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24, Received 11/01
    AP - RFE for clear copies of PP 11/01





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  • samrat_bhargava_vihari
    02-11 06:04 PM
    you are screwed, yes seriously

    Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.

    If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.

    I feel this may not be true.

    Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.



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  • anilsal
    10-24 11:42 PM
    It was #170 for me. I think Yahoo deleted some post before me. So I got bumped to #169. The guy who posted after me has a nasty post. I am pushing legal immigration and he is complaining about illegal imm & minimum wage.





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  • bkarnik
    04-13 04:30 PM
    We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers

    Any update for this weekend?



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  • Humhongekamyab
    07-30 12:14 PM
    It appears only EB-3's are getting approved these days.





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  • vivache
    11-06 03:26 PM
    Does bad credit history or defaults affect getting a job?
    Any ideas?



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  • freddy22
    04-24 09:54 PM
    yawn





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  • sunny1000
    01-09 02:44 PM
    I would agree.

    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.





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  • smuggymba
    11-22 07:22 PM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)

    do we need a UK visa even if we have a valid stamped US passport?





    saileshdude
    03-05 05:58 PM
    If this happens, there will be some other type of insurance for the bank accounts that will be set up at that time, btw , if your money is in any of the sensitive banks it is better to move it out to more stable banks.

    What are the ones that are sensitive and which ones are stable?





    sledge_hammer
    09-26 10:15 AM
    How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

    Why don't you search the forum for answers and if none is available then post a new thread...

    Can the experts please reply to my question? Thanks,



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