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  • priderock
    11-29 03:36 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.


    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.


    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.


    Any help is greatly appreciated, I need to decide fast. Thanks a lot.




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  • aranya
    07-03 05:30 PM
    Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.

    If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.

    You might have had a different experience and these forums are for sharing our experiences to help each other :)




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  • IV_Friend
    03-29 04:39 PM
    Dear Attorney,
    My Brother is working Employer "X" on H1B.
    His employer started his Green Card Processing in 2007.
    His Labor (PD 2007) and 140 are approved by 2008.

    Because of some reasons he had leave the employer "X" and Join Employer "Y".

    Employer Y, willing to start green card process.

    Can my brother use prior Priority Date?

    Please advice. I Appreciate your help.




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  • chrisa
    November 16th, 2007, 12:26 AM
    Arctic Butterfly works great. I picked one up in Toronto at Henry's after shooting some photos of the CN Tower. Noticed I had a few spots and sure enough they were on the high pass filter. I did attempt to blow the particles off but they were not budging. I decided to deploy the butterfly and it worked just fine. After two passes the dust was gone. I didn't find it a difficult or stressful task and never felt as if I was "at risk" of damaging my camera. My two cents.

    Used AP successfully with pending H1B visa stamping at Mumbai [Archive] - Immigration Voice

    View Full Version : Used AP successfully with pending H1B visa stamping at Mumbai




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  • satishku_2000
    06-15 10:41 PM
    1. First USCIS has to collect tons of applications that will be filed .

    2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.

    3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.

    4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.

    5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)

    6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.

    Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...

    Good luck with everything




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  • Life2Live
    01-10 04:05 PM
    I got I-140 RFE (EB2) regarding my education to prove the Bachelor degree I have is equivalent to US Bachelor degree. I have 3 years bachelor degree they are saying US Bachelor degree is 4 years.

    My Lawyer is still working on it. I dont have say more than this that my freaking company is slow, unprofessional, irresponsible and typical exploiting consulting company.

    My company qualifies for one of the company to be blacklisted. (There are lot of other incidents not only this I-140 RFE delay) :-)



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  • kumar1
    03-03 12:19 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.




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  • yabadaba
    04-17 02:58 PM
    the perm user manual is pretty detailed.

    What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

    as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).



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  • smmakani
    07-09 11:04 AM
    CP Filed at Mumbai Embassy - India
    PD: Oct 2003


    I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.




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  • mchundi
    07-28 10:17 AM
    Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).

    h1b-tristate,
    All this was discussed a few times in this thread and other threads as well.
    http://immigrationvoice.org/forum/showthread.php?t=1216
    --MC



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  • Ann Ruben
    01-24 10:05 AM
    Do you have a currently valid H-1 visa stamped in your passport? If you do, you don't have to apply for a new visa at a US Consul abroad. You would only have to leave the US and return using that visa and presenting the approval notice for company A along with proof that you are coming to the US to work for company A.

    I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.

    Ann




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  • raju6855
    02-06 09:49 AM
    What number do you call?

    Thx



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  • Ψ
    06-11 08:42 AM
    aroound 6 hrs have passed and no comments on the serve
    *i feel, i feel like, i cant explain how i feel like*
    *would really love some comments on the art*




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  • aj1234567
    12-21 12:40 PM
    Hi-
    Can any body please tell me how to start new thread in this forum..


    Thanks
    Aj



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  • Rockford
    08-31 10:20 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?

    If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:


    The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
    �MurthyDotCom
    The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.




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  • sam_hoosier
    02-12 03:12 PM
    (IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
    I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.

    Your enthu will go away soon.

    What is the point of your post ? :)



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  • appusheth
    03-19 01:50 AM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.




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  • acecupid
    08-21 05:51 PM
    Did you file directly to NSC or TSC?
    DAte, time etc.

    Thanks in advance!

    Applied at NSC and was received on 16th July at 9:30am




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  • kondur_007
    05-12 08:14 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days


    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases


    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.

    Right on point. To your list, you can add EB1-C cases.
    At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
    My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
    In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...




    mpadapa
    08-04 03:36 PM
    Based on what you have said. She is not even entitled for EAD, because U, mentioned that she got married after 485 was filed by here spouse. If the spouse had added her as dependent after marriage then she can derive EAD and AP benefits. Also if she is a dependent on his 485 there should be some concrete evidence (divorce papers) for him to drop her out of the dependent status.


    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?
    --He had filed his 485 before she got married to him.




    velan
    05-26 06:17 AM
    We should say thanks to IV core team, senators who understand our pains and helped to achieve this level and finally to QGA for the guidance given to IV core team.



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