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02-07 12:55 AM
Thanks for the reply.

What if, only H4 holder (AOS pending) returns to USA using valid (till Dec' 09) H4 stamping ? Do they (at POE) come to know that spouse's 485 has been approved ?

H1 holder (485 approved) will return afer couple of days.

Urgent please help by giving your suggestions/opinions/experiences.

Thank you.

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04-28 09:43 AM
I think you have to wait until your 3yr H1B is clear. If you find a new job before your current H1B expire, you may not have enough time left on your H1 to get the new GC labor and I-140 approved.


My I-140 will be approved shortly in premium processing and I'll be applying for 3yr H1 extension. There is a chance that I may get laid-off soon and I wanted to know if I can change the jobs while my H1 extension petition is pending with USICS. My current H1 will expire in June'07.

Sorry, if I am asking a question that has already been addressed here. I tried to browse the forum but could not find anything.


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04-09 03:12 AM
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09-08 12:06 AM
All I heard was "securing our borders" a couple of hundred times.

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06-19 08:50 PM
Thanks Panky72, where should I file the EAD

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08-04 08:10 PM
Hello All,

I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife?s I-485 is still pending.

We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.

My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.

Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.

Thanks in Advance.


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12-14 08:27 PM
hi attorneys,

i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.

once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?

pls. note that I-485 is not filed, so i cannot invoke AC-21.

thx in advance,

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05-04 02:37 PM
All options are possible, depends on your personal preference. There is NO good answer.

If your spouse is in H1B and have a stable income, I would suggest the H4 path.

i am currently on my 8th year h1..and on the bench..hoping some projects will come thru in a week or so.

Currently i have been on LOP for almost 5 weeks now..
what do you think would be a good option for me:

a.) Start the process for H4..and find a new job..and transfer H1 and stay till H1 is valid till may 2010..

b.) Be on bench for few more weeks.. and hope someting will work out...(firm has said they wont cancel my h1/140).. they are just being helpful..but?

c.) R2I ASAP...and try for a consular processing....?

d.) go to H4...and R2I in May...then if the Eb2(Dec 2005) dates are current..try for a CP..its a long shot...

i am confused..any suggestions??


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12-04 12:10 PM
Please help!

My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?


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06-22 03:53 PM
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I got notices from CSC too yesterday. The notice has a receipt date of Sep. 18, 2007 and a notice date of Sep. 19, 2007. The notice says that my petition was filed at CSC which is not the correct service center and has been transferred to NSC. NSC will be getting back to me with action taken. The notice has no information regarding Priority date or Attorney inspite of having a approved I140 and G-28 form included in the petitions

I immediately contacted my Attorney. Turns out we had Fedexed the applications on July 20th to the NSC and was recieved at the NSC on July 23rd. According to the attorneys, NSC probably transferred applications across various service centers for data entry and these applications are now being transferred back to NSC. It is very likley that the actual receipts will be issued by NSC. To play it safe, my attorneys will be sending a letter to the NSC documenting this and requesting that they be sent the correspondence from hereon.

Hopefully, thats what it is. Have you asked your attorneys their opinion?

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02-18 11:10 AM
Hello All,

I am a silent reader of Immigration voice forum and have got great information about H1B and other related issues on this forum.. Today, I am in dilemma as what to do in following situation and I thought you all will be able to help me by answering my questions. Here I go:

I am on H1B and my wife [on H4] graduated [MS] in Dec'06. Because she completed her MS in Rehabilitation counseling on H4, she does not have OPT to start the work. Now, she has got a job offer from private rehab firm and they are ready to file her H1. I would like to know following:

1. Is she eligible for 20000 MS quota exemption?
2. According to H1B visa reform act of 2004, such exempt applications were allowed to be filed on March 8, 2005 for FY2006. Is this the case for future fiscals as well?
3. If the H1B application is filed by lawyer say on April 1, 2007 in premium processing, can it be approved in 15-20 days i.e say April 15.
3. If she gets the I-797 on April 15, what will be the start date on it? Will that be October 1 or can she get earlier start date i.e. Say April 15, 2007?

The problem is if the visa start date is October 1, 2007 then the employer might not be ready to wait that long.. In that case, what are our options?

Waiting for your replies!!!


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12-10 12:14 PM
If it has been more then a few months or NEVER, please update the LUD for your contributions to IV also.....

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03-18 04:52 PM
My application date July 2 /2007
Notice date Aug 22 /2007
Mine is NSC to CSC
Till today No FP

Finally today Mar 18 I got a mail saying


Current Status: Case Transfered to Another Office for Processing

So now on what basis date, RD Aug 22 or transfer date Mar 18 they will touch my case .How long will it take ? Any body on same boat.....


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09-08 09:02 PM
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02-06 01:53 PM
Well, I work for a home builder. Mechanics liens have become very common these days. Please make sure that you have an attorney who can really go through all the paper work. Its very important in such a very volatile home building industry. The title company can run a title search or a lien search on the property to make sure that there are no liens on the property at the time of closing.

Be Careful now than sorry later. If they lien your home even the law cannot help you!

All the very best to all the new home buyers!

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11-30 09:11 PM
Hi all,

Can an eb3 with pendding I-40 apply for visa lottery? would that effect the current i-485 application if visa lottery not won? will it cause to the refusal of the I-485?


03-31 10:05 AM
From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:


Yes, please fill out your profile to help IV.

1. Even after leaving the company, is it legal for me to stay in the country and for how long?
As long as I-485 is pending or approved.

2. Can I look for any kind of job on EAD or there is any restrictions?
Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand

3. Is it possible that my former employer can cancel my EAD?
No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.

4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.

Hope that helps.

04-04 01:54 PM
You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.

If you need a reference ,PLease refer to the AC21 provisions.

I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?

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