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  • gultie2k
    07-02 08:41 PM
    Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
    Thanks




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  • same_old_guy
    05-22 05:13 PM
    Checking out this section of the bill :

    (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
    for an employment-based visa filed for classification under
    section 203(b)(1), (2), or (3) of the Immigration and Nationality
    Act (as such provisions existed prior to the enactment of this
    section) that were filed prior to the date of the introduction of
    the [Insert title of Act] and were pending or approved at the time of
    the effective date of this section, shall be treated as if such
    provision remained effective and an approved petition may serve
    as the basis for issuance of an immigrant visa. Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.


    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?




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  • shree772000
    08-21 05:41 PM
    Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.

    I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".

    Noone can say when ur perticular case will be adjudicated, and I mean Noone.




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  • meridiani.planum
    04-17 08:38 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received.

    just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

    I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)



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  • CatsintheCraddle
    05-04 04:59 PM
    No, the I-130 was never denied, I don't think it was ever approved either though. I have receipt notices for everything we applied for but on the website, I can only check updates for my EAD (forgot the # of form) and my I-485.

    The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.

    I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.




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  • chanduv23
    07-30 09:36 AM
    Pappu - it is defnitely pathetic that people have not been able to make best use of Ombudsman's calls.

    But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.

    If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.

    I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.



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  • milind70
    04-07 05:44 PM
    I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
    I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
    I am not worrying about it at all.

    I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.




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  • optimist578
    11-19 09:56 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!

    I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.



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  • the_jaguar
    03-25 01:48 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.




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  • austinsamb
    05-12 09:53 AM
    Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.

    I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.



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  • saiimmi
    07-16 07:09 PM
    Please see links below:

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC


    :cool:

    When will the next month dates come out ???

    GCKabhayega!

    What is the utility of your thread? You are posting this one month too late. I really do not want to give a red dot but request you to not dilute the purpose of IV forums by posting grossly useless messages.

    Thanks,




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  • keiryu
    08-20 04:07 PM
    When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.



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  • camilopino
    01-08 04:48 PM
    Well the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!




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  • md2003
    08-30 01:06 PM
    Just show whatever w2's and paystubs you have . Later on if you get another RFE saying that they need 1999 w2's etc.. then you can always tell them you don't have. No need to lie.

    As long as your status is good after your recent entry you will be ok. No need to worry about 1999 or 2000 period.



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  • cnag
    03-24 03:07 PM
    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

    Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!




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  • villamonte6100
    08-10 05:20 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    When you get approved, does it mean that you have to go for an interview?



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  • BharatPremi
    12-05 12:22 PM
    Me too! Citizen of India.

    :)




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  • sammyb
    03-20 02:54 PM
    I was wondering with only 4 clean posts how could you get a red dot :) ...

    and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...




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  • Templarian
    11-11 11:20 PM
    :lol: Bribery is hard.




    friend99
    08-11 10:16 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.




    fromnaija
    09-01 12:27 PM
    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


    -Nola

    Congrats on your approval which I read about on another thread. This proves my point about FP reuse via BSS.



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