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but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
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you cannot file two 485s. what you can do is get till the 140 stage, and then port the old 485 to your 140.
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Welcome to the length/hassle prone/worry-filled process of obtaining the H1B Visa Stamp!
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Anders �stberg
February 18th, 2004, 12:08 AM
i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.
There's no right or wrong really, just some de facto rules or guidelines - sometimes an image can be more interesting if those rules are broken. I guess it comes down to personal taste.
View Full Version : Fence Bill Signed by President Bush on Wednesday.
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Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
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waitingnwaiting
11-15 09:39 AM
This is good news. Once Dream act for undocumented is out. Then they will take up bills for H1Bs.
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LIN belong to Nebraska Service Center.
That is what I feared...
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Hi
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
IF you are looking in So CA..I can provide good reference. Please send me PM.
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Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
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I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
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EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.
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Definitely a very helpful post - I am sure for many others too!
Reading through this, I couldn't quite figure the immigration requirements of the PAPs - appears that non-citizen residents of the US (NRIs) can also adopt - or am I missing something?
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http://immigrationvoice.org/forum/showthread.php?t=16031
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eb2_immigrant
12-11 01:04 PM
EB2/Dec 2005/Texas -2yrs EAD
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Port of entry doesn't matter. You can leave from JFK and come back through California. It totally depends on your airlines and the route you choose. I have done it many times.
Not sure about 2months left on your visa thing. I don't have any comment on that.
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My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
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This is who I have been using. She has a license to practice in New York.
Shirley Tang
Parsekian & Solomon, P.C.
140 Main Street
Hackensack, NJ 07601
Tel. 201.487.2080
Fax. 201.487.7645
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fasterthanlight�
05-09 10:29 PM
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WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
Thanks gh0st, appreciate that.
same_old_guy
04-30 07:41 PM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
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