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  • Munna Bhai
    01-30 09:33 AM
    Hi,

    -I got my I140 approved in MAY 2006.
    -I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
    - I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.

    -On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
    -My employer responded to USCIS letter with required documents.
    -We are waiting for USCIS decision.

    In this situation
    1.Will my H1B also be revoked if I140 is revoked?

    2. Can I transfer my H1B to another employer. How much time do I have?

    3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.

    Any other suggestions , help that you can do. Please advise?

    Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.

    Answer:Yes, you can transfer, do it as soon as you can.

    Answer:Yes, start new PERM+I-140 and get extension for 3 years.





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  • sc3
    10-22 04:33 PM
    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?

    I dont think USCIS collects I-9's. Companies just have the have them on record so that they can prove compliance when asked to do so. You should mail your lawyer about the situation and how you can get back on the H1 status (Don't just update the I-9 again without the lawyer advice).





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  • kriskris
    07-18 05:29 PM
    I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
    Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.





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  • english_august
    07-09 08:18 PM
    Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.

    It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.



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  • pthoko
    08-04 04:27 PM
    The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo





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  • harsh
    03-20 01:10 PM
    sure seems like it. As with L2 visa holders, this would allow H4 spuses to apply for work permit.



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  • yganreddy
    09-16 12:11 AM
    Also I suggest to take an infopass and explain the situation to officer. Take a printout of approval mail and give a try.





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  • kumar1
    03-05 01:42 AM
    Ha ha ha....I can see "someone" standing naked.......

    I am apologetic if my message sent any wrong signals anywhere.
    But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.



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  • abhijitp
    11-21 02:26 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear this! Hopefully he will have no problems given the job market conditions (and the EAD, of course)!





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  • akred
    04-16 11:51 PM
    Advanced degree = MS and higher

    Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.


    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.



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  • sledge_hammer
    07-11 02:06 PM
    Jakub (glus),

    Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.

    http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350

    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus





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  • sugaur
    06-27 11:27 PM
    So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
    I thought such chidishness was limited only to fanatical muslims.
    Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
    Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"



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  • webm
    12-16 06:24 PM
    You are kind of lucky..enjoy the GC freedom !!:)





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  • HRPRO
    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D



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  • vejella
    01-22 06:24 PM
    You guys are doing a commendable effort...Keep It up ...





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  • mpsamant
    07-24 06:32 PM
    Dear IV:
    As per the USCIS FAQ memo there is some confusion on Q.12:

    Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
    A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.

    Case:
    Category EB-2 (NIW) or EB-1 (OR) from California

    1) Will apply for I-140 electronically before July 31, 2007?
    DO we have option to choose Texas or Nebraska in e-filling

    2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?

    3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)

    Thanks for the help,
    regards
    Manoj



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  • milind70
    07-26 09:45 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes





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  • logiclife
    06-30 06:19 PM
    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team





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  • shaileshkaria2525@hotmail
    09-23 08:14 PM
    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D

    I am a July 02 filer and have not received the receiving numbers for any of the I-485, EAD or AP applications.





    makemygc
    06-14 11:42 AM
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?

    /\/\/\/\





    english_august
    07-09 08:18 PM
    Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.

    It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.



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