Friday, July 1, 2011

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  • beautifulMind
    04-20 04:10 PM
    You can use your eb3 EAD.

    But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.

    Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...

    Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead

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  • anurakt
    01-15 02:56 PM
    All tri state chapter members please join on a conference call on Friday 19th Jan from 9:15 pm to 10:15 pm. The conf call info is below
    1. Dial-In to your Conference Number 1-712-432-3000
    2. Enter your Conference Bridge Number: 131128

    This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.

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  • pappu
    07-02 09:58 AM
    please do not open threads on the same topics. They will be closed. Do a search on the forum and you will find your answers. Or post in threads that are discussing your topic. It will help keep information in one place and well organized.

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  • shivapb80
    12-27 06:59 PM
    they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

    i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.


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  • s416504
    02-18 08:29 AM
    DELTA say Goodbye To Mileage Expiration

    Effective January 1, 2011, Delta has eliminated mileage expiration policy so you can earn and redeem miles without worrying if and when your miles will expire.

    What's Ahead with SkyMiles (

    Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.

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  • gc_dream07
    01-30 09:59 AM
    I have similar situation.

    I changed my employer last year and used AC21 / EAD. Now I want to return back to old employer who sponsored my Greencard. Is there a way to withdraw AC21?



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  • shan74
    06-07 08:26 AM
    this is related to family sponsored by citizens and green card holders.

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  • stephsh
    01-18 07:48 AM
    I tried using the way you proposed but it doesnt work, presumably since I�m using and not silverlight.


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  • mannubhai
    05-19 11:14 PM
    I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

    My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

    I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

    I need your help and how can I make sure as I do not want to lose my job.

    Thank you,

    I think you will need a Visa.
    I remember a bulletin from a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the site for more information on this but i would advice going to home country.

    Other members - please let us know if you are better informed.

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  • dreamworld
    10-26 12:52 PM
    If you have any receipting issues.. try to participate on this call.


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  • mpadapa
    09-07 03:19 PM
    vandanaverdia - thanks for attending the rally. U folks R a great motivation for others. Do touch base with "WeShallOvercome" and start some WA chapter activities.

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  • tjayant
    10-16 11:53 PM
    That is what i did. I'm in the same boat.


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  • newbee7
    07-15 08:04 AM
    The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.

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  • YesGC_NoGC
    09-08 12:25 PM

    I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.

    My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.



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  • http404
    07-18 12:03 AM
    And what if filed a concurrent I-140 and I-485.
    Though this is my second I-140 and I am trying to capture an old priority date (and I do have the receipt from the old I-140).

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  • SGP
    12-06 11:29 AM
    My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?

    My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?

    Please let me know your suggestion.

    H1b extension Receipt Notice issue time in PP

    You will get the acknowledgment within 3 to 4 days of receipt.
    If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?


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  • chrisclick
    04-11 01:54 PM
    This thread makes me physically ill. I shall not read more, lol.

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  • masti_Gai
    01-10 03:28 PM
    I mean the PD dates moving...;)
    Let the PD dates move and give us some relief;)

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  • vikramy
    12-22 01:20 PM
    I did same 4 years ago. You can travel while your H1B transfer is pending.

    1. Can I visit india while my tranfer is pending...???
    Yes you can.

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa

    11-02 12:19 PM
    Thanks...but i agree with your paralegal friend.......there is no logic to it all.
    logic and law are not usually on "friendly" terms....
    i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.

    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..

    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)

    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.

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