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Thursday, June 30, 2011

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  • wandmaker
    10-23 11:13 AM

    If I enter using H1-B/L1visa then I-94 validity end date will be ususally till the visa expiration date.

    Suppose if I am entering US on Advanced Parole(I-131), what will be the validity enddate for I-94? If suppose they give for 1 year how to extend that if i am not going out-off US?


    If you use AP to enter, your I-94 expiry date will be 1 year from the date of entry. You do not have to extend I-94, you are in AOS while you are in the country as long as your 485 is pending.

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  • svr_76
    04-03 12:33 PM
    I140 Mailed Date : 08/01/2006
    I485 Mailed Date : 07/23/2006

    How is this possible?

    I was jsut curious.

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  • kisana
    06-06 05:18 PM
    Some how from past 6 years in US I have not applied AR11. Please let me know if I apply right now it impact any way to me. Yes I understand it was a mistake. Please provide me your guidance.

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  • Waitng4GC
    07-04 10:14 AM
    I was in similar situation during 2006. I applied for H1 1 year extension based on PERM approval. My LC was just 1 month old . Then premium processed my I-140, once I had my I-140, I then premium processed my H1 extension based on approved I-140. Finally got 3 year extension.
    Hope this helps.


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  • roseball
    03-07 11:03 PM
    My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.

    Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.

    Thanks in advance.

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  • goel_ar
    07-25 07:19 AM
    I am on H1 & my H1 (& visa stamping) expires in Apr 2009. My wife has H4 stamped on her passport until Apr 2009.
    My wife got her H1 approved in 2008 lottery with permit to start work starting October Ist, 2008.

    We are planning to take cruise to Bermuda from sep 28-oct 5. I just wanted to know ,
    a) will her H4 stamping be expired on October 5, 2008 , as her H1 will become effective?
    b) or she can use existing H4 stamping to re-enter into United States.
    c) or if someone knows whether she needs a valid visa stamping in accordance with her latest immigration status (h1 in this case on oct 5 , 2008) when returning to US in cruise.

    Thanks in advance.


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  • raysaikat
    10-26 04:14 PM
    I also asked my company lawyer and they are suggesting that since her status is H4 she can not work. For working on EAD she has to leave country and reenter on AP.
    So a little confused here?

    That is not true. If she has her own EAD, she can start working anytime. Whenever she does that, she will automatically abandon H4 and her status will automatically become AOS.

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  • dealsnet
    09-07 11:30 AM
    Only he can file I-130 for brother/sister. It is his petition.
    I-485 need to file when your PD need to be current.
    Indian Bro/sister need to wait 10 years to file I-485.
    So you can file I-485 in 2020 AD.


    Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

    In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
    Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

    Thank You,


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  • eb3_nepa
    04-15 01:21 PM
    EAD is employment authorization document. Your analogy is like -

    "Can I use her driving licence to drive around town". I am not sure if that is what you meant.

    If you want her to be the primary applicant in your GC application and then use EAD as a dependent, that is possible. You will lose your H1B status then.

    good analogy.

    No u cannot. Why can't u use ur own ead?

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  • pappu
    07-22 02:15 PM
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  • gcpain
    06-25 10:53 AM
    I was working with employer -A till 2006 and got I140 approved (Feb 2006) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B.

    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

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  • AllVNeedGcPc
    12-10 11:27 PM
    ...US GC or citizenship allows you visa waiver for visits to other countries but you need a work permit to work in another country.


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  • Ann Ruben
    06-28 10:20 PM
    An article entitled File Retention and Relinquishing to Client - Posted on March 31st, 2010 can be found on the website for the MO Supreme Court Advisory Committe for Legal Ethics:Office of the Legal Ethics Counsel - Articles (http://www.mo-legal-ethics.org/modules.php?name=Articles). I hope this is helpful.

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  • martinvisalaw
    02-17 03:17 PM
    It's really impossible to answer this without knowing the exact employment relationship that is planned and what the denial said in detail. Presumably your employer has a lawyer who can advise on whether an appeal might be successful. It is very likely that the denial was based on there not being the correct "employer-employee" relationship. CIS issued a new memo on this last month, and there are many threads in this forum on the topic. See here also: Law Office of Elaine Martin - immigration news: consultants (http://martinvisalaw.blogspot.com/search/label/consultants).

    Good luck.


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  • gk_2000
    03-03 07:22 PM
    New found childhood lover :-)

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  • chanduv23
    11-10 05:57 AM
    Sure, thanks for the advice. Don't you want to be one-day President?:D As a side note, you have 10 green dots. Can I borrow one from you?:D

    One day president ha ha ha ... reminds me of the Bollywood movie where the hero becomes a chief minister for one day and cleanses the society :D:D:D


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  • anup_c
    10-31 03:16 PM
    I guess I'm on the same boat.

    140 Approved in May 07
    July 17 filed for 485/131/EAD
    EAD processed 9/11 and recieved
    Texas Service Center

    No FP notice yet for both me and my wife.

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  • srisairam
    07-26 11:23 AM
    My H1B 6th year expires in December 07,

    I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.

    I read a article in murthy.com http://www.murthy.com/news/UDh121st.html

    Substitution Beneficiary Enjoys H1B Extension Benefit!

    In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.

    Can I get 7th year extension with help of I140 receipt?

    Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?

    If there is any answer in previous links please past the link here.

    My attorney has no idea about 21st Century DOJ Appropriations Act.

    Seniors please need your advice immediately

    Thank you

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  • Aristotle08
    06-01 03:58 PM
    It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.

    Here�s my situation:
    Category: EB2
    PERM approved.
    I 140 approved.
    PD � Dec 2007.
    H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.

    I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.

    1. Will I need a new H1-B? If so, for how many years will I get it?
    2. When I apply for a new PERM, will PD of Dec 2007 still be valid?


    07-05 08:50 AM

    I filed my 485 in Dec 2004.My PD is June 2004.
    Got married in 2005.

    If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.

    What would be my Options.

    Please advice.
    I am no lawyer, but from what I know you can file for spouse's 485 until your own 485 is being processed. Once it is approved, you CANNOT file for spouses's 485. Trying to get your spouse into the US once you have a GC can take a very long time. However, the post above seems to have some different info. Follow that up as well.

    11-08 10:25 AM
    Dear Sir / Madam

    I am a software consultant on H1B. I have recently concluded my employment in California for client A and now I have relocated to GA where I am working for client B.

    I have the following questions in this regard:
    1) Should I do an LCA transfer to the state of GA from CA? + How many days do I have from the date of original relocation to do this transfer?
    2) Can I do this paper work by myself or would I need the help of an immigration lawyer? + Any idea of what the average / approximate expense would be?

    Any information with regards to this is highly appreciated.

    Many thanks in advance.

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