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  • sai
    04-07 03:25 PM
    it depends on what you post.





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  • WaitingUnlimited
    09-21 02:24 AM
    Hi,

    My H1 and my wife H4 were extended for three years in this Feb and we both have visas until feb 2012 based on th0se extensions.

    Now I changed to new job and my H1 is extended to Sep 2012. But my employer said that there is no need to extend H4 because she already has visa and I94 until Feb 2012 and advised her to use my H1 approval while reentering into USA next time to get I94 until Sep 2012 at POA.

    Is that fine? Basically can my wife be in US based on I94 that is based on my previous company H4?

    Thanks in advance
    WA





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  • frostrated
    10-26 02:16 PM
    your wife's application should be tied to your PD. If you got it in EB1, then she too should be in EB1. The pearson memo will help. Get an infopass and clarify the issue.





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  • uvs
    09-21 04:03 PM
    A brief background: I have approved labor (PD Jun04/EB3), I-140 rejected & pending I-140 (MTR filled in Jan'07) with attorney A. Meanwhile got PERM LC approved & filled I-140 & I-485concurrently in Aug.07 thru Attorney B (recipt recived).(FYI....the same company did Old & New PERM Labor)
    Now the question is, If my old I-140 gets approved, than do I have any benefit/advantage using that Old approved I-140 PD of Jun04 when my new I-140 gets approved? In short, can I still use my OLD priority date? (Jun04).(even though I have already concurrently filled New I-140 & I-485 in aug.07).
    Any thoughts/suggestions/advice/ideas are appreciated. thanks.



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  • kiran24
    05-18 05:37 PM
    fall1998, thank you for the information.





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  • angiusa
    04-03 04:02 PM
    I have worked for Company "A"(Ex-employer) under H1-B(company A holding my H1-b) from 2007-2010. During 2009 & 2010, company A was unable to clear all my payments as the company went through some financial hurdles but they issued W-2 for the amount paid in fiscal year 2009. Now, company A has got money and they decided to clear my back wages for 2009-2010 through 1099 form. I transferred my H1-B visa to Company B(2010) then to Company C(current employer). Now, Company C has started my Green card(GC) process.

    Questions:
    1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
    2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
    3. What are my options to get my back wages from company A?
    4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?


    I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.



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  • senk1s
    11-06 03:41 PM
    Here are the instructions for e-filing EAD -
    http://www.uscis.gov/files/article/Guide11.pdf

    this is for AP
    http://www.uscis.gov/files/article/Guide8.pdf

    refer to the section on supporting docs
    AP says required, EAD says not required





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  • mmanurker
    04-03 12:07 PM
    Hello all,

    I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?

    Can you please share your case details? what was the reason for 140 denial? After you filed MTR, how long it took for them to reinstate?



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  • sac-r-ten
    01-14 03:12 PM
    I hope you are not been adjudicated under the new memo passed few days ago.
    Are you working at employer location or client side? Third party vendor etc?

    All the best my friend.





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  • jthomas
    04-17 12:07 AM
    Can't avoid anything that future hold for you.

    1. It would be good if the employer does not let USCIS know about your layoff.
    2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
    3. Hoping your employer does not revoke your I-140
    4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.



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  • sbmallik
    06-08 10:07 AM
    Yes, you can return to the US with the same visa, as long as you are employed with the H-1B petitioner. It is better if you have some documentation about projects etc. There is no need to furnish pay stubs for the time you spent outside of US.





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  • Pravan
    06-13 03:41 PM
    I'm a July 2007 filer going to file for my EAD for the first time. Since I'm currently on H1B, how should I answer this question

    I'm applying for:
    a) Permission to accept employment
    b) Replacement
    c) Renewal of my permission to accept employment

    I think I need to go with option "c" since moving from H1B to EAD would qualify for a "c" response

    Please advise.....

    Thanks



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  • ita
    01-12 08:47 PM
    I wanted hear another opinion apart from my own. It surely did help.Thank you.
    I don't believe leaving the company that you had signed an I-9 form with have any impact on your GC app as long as you have a same or a similar job lined up if and when you do get an RFE regarding the same.

    As mentioned several times, GC is for future employment and you can switch employers as many times as you want under AC21 (of course you don't want to go overboard with switching employers every few months either :)).

    I hope this helps - again this is my understanding of the law and not a legal opinion.





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  • desi3933
    01-14 12:02 PM
    My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

    Thanks to any suggestions.

    >> Now she's planning to take a break and change back to H4.
    File for change of status to H4.

    >> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
    Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.


    __________________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • BumbleBee
    07-20 04:49 PM
    You need to be in valid H1B status to get H1B extension. If you have abandoned it or it has expired, then you are subject to H1B quota. But I don't have any document/memo to support it. Wait for more senior people's response.

    BumbleBee
    **----**





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  • kingkon_2000
    08-30 02:17 PM
    Today my lawyer sent me my receipt numbers for 485, EAD and AP. when I enter my AP receipt number to check online status I see the following...

    Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

    Current Status: Card production ordered.

    On August 30, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Anyone know what this means... It doesn't say I-131 in application type..

    Second disturbing thing I noticed when I entered my 485 number...

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

    On August 23, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense. Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.

    My lawyer says the checks have been cashed and we have proof of this.. She says it can be a typo..
    Most weird part is for my EAD it says card has been ordered.. but I haven't even done finger prints and my 485 is in suspense..

    Anyone any idea whats happening.. should I be worried about OS155A and 485 things..



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  • EndlessWait
    06-04 01:09 PM
    I guess we should ask them to remove the employer's restriction, which is the prime reason for extreme exploitation. H1b should not be restricitive. IV should also address the same. We are looking at the current problem with retrogression only, but what about future aspirants who come on H1.





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  • anu_t
    09-21 12:29 PM
    Did you have a receipt number for 140? I'm in the same boat but I didn't apply for 485 yet. and I don't have a 140 receipt number.





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  • manja
    05-23 09:21 PM
    Yes but I was thinking, spouse and children are counted in family based visas and how exempting them will benefit EB visas. Correct me if I'm wrong. :confused:





    prem_goel
    04-17 02:02 PM
    I changed jobs twice after I-140 approval/180 - days of filing 485. I am in the 6th year of my H-1B. Both the times I transfered my H-1B and got validity for 3 years based on AC-21.

    Now I know there is no formal form for AC-21. Most of the people send a letter along with some supporting documentation that their new job is similar to the old one. I didn't send any such letter, however when my H-1B transfers were done, the attorneys quoted AC-21 in the petition and got 3 year H-1B extensions.

    My question is, would that consider notifying USCIS of AC-21, or is the 485 department different from H-1B department?





    gc_chahiye
    09-21 04:53 PM
    A brief background: I have approved labor (PD Jun04/EB3), I-140 rejected & pending I-140 (MTR filled in Jan'07) with attorney A. Meanwhile got PERM LC approved & filled I-140 & I-485concurrently in Aug.07 thru Attorney B (recipt recived).(FYI....the same company did Old & New PERM Labor)
    Now the question is, If my old I-140 gets approved, than do I have any benefit/advantage using that Old approved I-140 PD of Jun04 when my new I-140 gets approved? In short, can I still use my OLD priority date? (Jun04).(even though I have already concurrently filled New I-140 & I-485 in aug.07).
    Any thoughts/suggestions/advice/ideas are appreciated. thanks.

    yes you can use the old PD, google for "interfiling".

    Here's a search showing some results from Murthy's website:
    http://www.google.com/search?q=interfile+site%3Amurthy.com&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230



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