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h1bdude1

04-20 11:04 PM

Hello guys,
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----

Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???

thanks
h1bdude1

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martinvisalaw

07-01 02:00 PM

You must be actually in H-1B status in order to use the H-1B portability provisions. This is what allows you to start with Company B once their H-1B petition is filed, rather than wait until the petition is approved. To use this, you need to get into H-1B status for Company A 9either through a COS petition or by entering the US in H-1B status. I don't recommend that latter option if you know that you will be changing employers as soon as you enter the US.

Alternatively, you could change from Co. A L-1 to Co. B H-1B, but you cannot start working for Co. B till the COS is approved.

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fromnaija

01-15 03:14 PM

I did not follow.

Anyway this is the situation. I'm in EB3 with a PD Dec 2002. DH is in EB2 with a PD in 2006. Can he file I-485 for us using my PD according to the above law?


The answer is NO, but ask your lawyer anyway.

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EB3_SEP04

08-14 09:53 AM

Hi,
I am on H1, Applied EAD and Travelling on AP.

Is there a problem if I don't have approved EAD while I come back?

NO problem.

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07-20 07:13 PM

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krithi

02-07 04:38 PM

Its waived if you are a returning on H1/L1 visa, but it din metion anything about using AP on return.

Thnx,
Java

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jonty_11

06-14 03:23 PM

As my attorney informed us of the dates being current - they are asking for this:

Please advise on the status of removing the residency requirement
since you can't proceed with until this is done.

what does this mean?

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February 12th, 2009, 02:38 PM

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walking_dude

12-12 01:42 PM

According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL O*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.

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supers789

08-07 08:00 PM

I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.

Can someone please let me know -
1. Format of the letter, details thats needs to be present in it,
2. Anything else I need from the old employer.

Thanks!

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singhsa3

04-24 08:34 AM

What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?

Thanks.

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gcf1

01-01 01:33 AM

Hi Everyone,
I've got couple of questions.

1. I'm on F1 and got pregnant. Can i take a break for sometime and get back to studies?

2. My husband is a GC holder..well we got married after he got GC ( i know what you guys must be thinking :-))...now can he apply for a family based GC for me, i kind of know that it takes atleast 4 yrs for me to get GC...but just wanted to make sure that he can apply while i'm on F1...pls share your views...

Thanks a lot in advance
Babli

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strafforddude

12-15 01:41 PM

Hi Cooler,

Thank you for your response. Company B is not willing to sponsor H1B.

Lets say if campany A keeps paying me (runs my payroll with salary specified on my H1 petition) Will that keep my H1b alive and active when i work on EAD for company B ? ( Did i get that right )

Will USCIS know that i have switched jobs in between ?

What does IMHO mean ?

Thank you for your help

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Dhundhun

06-11 12:55 PM

... But the consulting firm advised against it as according to them if she re-enters in H4 (even before Oct 1) while her H1 approval is pending, her H1 application will be cancelled and she has to restart the process all over again. Something to do with the last status on re-entry.


I think this issue used to be there. Why do you think otherwise? COS is not computerized to happen on Oct 1. It is manual process, while approving H1B, it is done. When someone enters after that on H4, then that COS is overwritten.

What lawyer is telling in this regard?

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StuckInTheMuck

02-02 12:23 PM

AFAIK, EB1-B requirement includes at least a tenure-track position with the sponsoring University, whereas from your current job title I would guess yours is a contractual (no-tenure-track) position. You may instead take a shot at EB1-A (exceptional ability), which, like EB2-NIW, does not require a tenure-track job. Also, from your stated qualifications, you have a reasonable chance of getting approved, more so if a competent attorney handles your case. (I should add, these days USCIS seems to have raised the bar of EB1-A approval relative to EB2-NIW, so hiring a good attorney is important.)

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gcwanted101

09-29 01:34 PM

What is the H1 premium processing fee and what is the regular processing fee ?
Could any one help on this? I heard that increase in the fee is not in action yet?

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chanduv23

03-09 08:08 AM

2 more days - lets do our best - please keep sending in the letters

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04-16 01:45 AM

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mv25

08-13 02:58 AM

I am a labour substitution case pd feb 2002 filed 140 in June at NSC. My 140 has been pending for more than a year. Now recently I received 2 year ead.

Does this imply my 140 is approved too???

Is it safe to work on ead of one gets 2 year ead with pending 140.??

please advice.

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krithi

02-07 04:51 PM

gotcha sounds good.

thnx,
Java

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roseball

04-05 04:52 PM

You dont have to apply for a COS as long as she is leaving US before her current I-94 expires. However, note that when she goes for her H4 interview, she might be asked to prove her H1 status by showing her employment details (recent pay checks, tax documents..) in addition to your employment documents before they give her the H4 Visa...This happened with one of my friends at Chennai embassy...Just wanted to give you a heads up on that....

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