
meridiani.planum
07-10 09:23 PM
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
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Widget
03-27 12:31 PM
Do you have a list and contact numbers of these attorneys? how much do they charge?
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards

ngopikrishnan
06-07 10:13 PM
Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!
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pal351
05-27 02:02 PM
Hi,
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.

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05-25 08:04 AM
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05-19 12:40 PM
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mgakhar
02-11 05:34 PM
Hi,
I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.
Please note that I live in Dallas,TX and my case is with TSC.
Thanks,
I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.
Please note that I live in Dallas,TX and my case is with TSC.
Thanks,
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leo2606
09-26 09:12 PM
Hey GC_SUCK,
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
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panky72
10-01 10:01 PM
If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.
I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.
more...

arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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ryan
05-28 05:21 PM
Hi,
I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?
I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.
Thanks,
Akshay
The fact you work for a Canadian firm and you're a Canadian resident holder (or a Citizen) is irrelevant. As a full time employee in the United States, you require a work visa - and shall be subject to H1 or other work visa codes. I'm Canadian, and work for a Canadian firm's operations in the US. I require a TN or H1 work visa to work in the US. Hope that clarifies.
I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?
I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.
Thanks,
Akshay
The fact you work for a Canadian firm and you're a Canadian resident holder (or a Citizen) is irrelevant. As a full time employee in the United States, you require a work visa - and shall be subject to H1 or other work visa codes. I'm Canadian, and work for a Canadian firm's operations in the US. I require a TN or H1 work visa to work in the US. Hope that clarifies.
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CADude
04-07 11:01 PM
My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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Dhundhun
04-15 04:04 PM
Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.
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amitga
10-26 10:27 AM
Hi Seniros
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.
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shreekhand
08-05 12:05 AM
Your I-94 SHOULD have the same number as the old one!
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
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uslegals
11-04 02:06 PM
Thanks radhay ! What did they ask you.? What documents did you carry with you.? Do you have any dependants on your application.? Were they called ?
Appreciate your help.! Thanks
Appreciate your help.! Thanks
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baburob2
07-02 10:34 AM
based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.
ash_2005
09-12 03:36 PM
Not in the system yet, and no checks cashed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
ArkBird
12-08 03:40 PM
How? We are not citizens.
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