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  • nixstor
    10-27 01:24 PM
    My wife'e H1B expires on Feb 2007 and she still has not applied for H1B renewal as she was on maternity leave. She will do so in first week of November. It looks like H1B extension process takes more than 3 months. Virginia is one of the states which just gives ur Driver license till ur H1B validity. So her license is valid till feb 2007. Would like to know if she can get her license renewed in Feb 2007 with a H1b receipt number or should she do Premium processing of her H1B. Any help is greatly appreciated.

    I doubt they will extend it. They will just look at I 797 and see if the name and expiry date. How ever call Identity Services (dont remember the division's name exactly) @ 804 367 0064 and explain your situation. They are the folks that generally issue a letter for H4 visa holders who do not have a I 797. They will take atleast 1 month to send the letter once they decide to do it. Start acting now! Good luck.

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  • sledge_hammer
    07-01 08:54 PM

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  • ss1026
    06-24 10:23 AM

    I am consultant and travel around. My company, a publicly listed company, is headquartered in Washington DC. For the I-485 filing, I got my medical done in my current project location in Florida and used my address in florida in the I-693 form.

    My lawyer is advicing that I should be using the same address in my I-485 form. I have a 'permanent' adress in the DC area and I was thinking I could use that since I will be leaving florida within a year but I will follow my attorney's address and use the florida address.

    Now to my question....

    Would there be a problem later on if I update my address to my DC address after I recieve my Fingerprinting/EAD/AP. Any related comments will be appreciated

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  • rpat1968
    09-24 10:46 AM
    That is depressing to know.
    Yesterday I have opened a SR using the Expedite Processing CSR Option by calling USCIS. Spoke to a good CSR who understood the mistake and opened a SR for correcting the EB classfication and expediting the case (sence USCIS Error is an option for Expediting cases). Lets see what happens with this.
    Also have a good contact now in Senators office, I already submitted a inquiry through their office and waiting for response.

    It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.


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  • dallasanalog
    03-22 02:48 PM
    I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?


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  • nousername
    04-02 04:07 PM
    That actually is the right way to do it.. Once your project is done technically your H1 is expired and you need to return to your home country.

    Yes, you can file for a transfer and travel anywhere you want but for reentry you will need the transfer notice or approval notice from the new company, which can be mailed to you. If you already have a visa stamp then just show the new approval (transfer) and they will let you come in.


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  • gcfriend65
    12-07 03:05 PM
    No, it;s not possible to get the approval letter for H4 in India. It is usually sent to your home address or lawyer's address in US.

    my wife has got H1 this year and
    she wants to transfer to H4 as she got Ead and she
    wants to use EAD .and still we didnt get AP.she wants
    to leave to india in jan she dont have stamp in her

    if we apply now for the conversion of H1 to H4 can
    she leave to india now and can i send that approval
    letter to india then she goes to stamping in india.
    is it possible. please suggest me

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  • Blog Feeds
    06-29 12:20 PM
    As of June 19, 2009, approximately 44,500 H-1B ( cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

    Employers thinking of hiring visa workers have more flexibility this year to interview and choose the best candidates as visas will be open for at least 2 more months.

    More... (


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    12-21 05:28 PM
    Below is what I think to your three case scenario:

    Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.

    case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.

    case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.

    There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (

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  • jagadeesh
    12-13 04:49 PM
    Hi All,
    Currently iam working for a X company and i do have 2 layers(A,B) to my end client Y. My company got agreement with company A and A got agreement with B. Now, my client (Y)wants me on full time.I have signed non-compete with my employer that i will not join his clients.But Y is no way a client to my employer. Will there be any issue if i join with Y?

    Any replies is highly appreciated.


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  • saileshdude
    09-03 03:53 PM

    What is the method of contacting them ? Do I call them or send some fax. Also is there any specific person I need to contact in their offices? Can you give details about how to contact them?


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  • padraico
    03-09 04:33 PM
    hi, do u think its likely i can get my i-94# from 12 years ago if i file i-102, i have old stamp and passport, but would they still have a record? thanku


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  • ckpas
    08-12 06:12 PM

    Need some help/advice on PERM LC issue:
    My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),

    On may'09 got a query saying "Discrepency in Alien education and experience".
    Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

    my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

    my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
    2) How severe this would be and what ud be the turn-over-time.
    3) Do I need to reapply my PERM LC again.

    Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
    thanks in advance, appreciate comments

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  • letstalklc
    08-13 11:09 AM
    You are eligible for 3 years extension with the approved I140. I also applied my H1 extension by attaching approved 140 for 3 years extension, I got it last month...

    it will not like 2 yrs and then 3 yrs.....go for 3 years...I think lawyer should know all these....

    Good luck...


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  • waiting_greencard
    10-27 05:01 PM

    I need some clarification/suggestion regarding my status.

    I came to US on F1 and am currently working on H1-B (never got H1 stamping) and I got married here in US. I applied for 485 as dependant with my spouse and I got my EAD/AP. I am still continuing on my H1-B without using EAD. We are planning to go to India in Dec and I prefer to use my AP while entering US and would like to continue working on my H1 (continue with same employer) after coming back. Is it possible and valid to do like that? If its ok, do I need to submit any form or anything to USCIS informing that. I prefer not to use EAD. Hope I am clear explaining my situation. Please suggest.

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  • jcrajput
    09-26 11:37 AM
    Mine rejected case has status "OTHER REASONS" and receipt number is voidand it starts with "MSC". I did not receive package back yet.
    Anyone knows what that means?
    Thank you,


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  • mita
    10-15 09:36 AM
    I am applying for my AP and EAD renewal, please help me with few questions:

    For EAD:
    14) Manner of last entry: H4? (I was on H4 when I last entered)
    15) Current Immigration Status: AOS? (My husband received his GC)
    16) Eligibility: ???
    17) Eligibility: None?

    For AP:
    1.3) Class of Admission: H4?
    3.2) Expected length of time: ???

    Last time, my husband's company attorney had filed our papers. Since, my husband received his GC, we have to renew ourselves. Should I send a form to cancel G28? Thanks in advance to all for their time and advise.

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  • nhfirefighter13
    November 17th, 2005, 12:17 PM
    I actually like the background but maybe if you burned it in a little bit.

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  • gchopes
    12-06 10:54 AM
    I am trying to schedule a visa appointment date and VFS website doesn't show any consulate except chennai!! can somebody please let me know what should be the reason? Last week, I was able to see Mumbai and Chennai and now Mumbai is gone! Is this because no appointments dates are available or something wrong with the website. I tried using different browsers, clearing cache, etc. but no help so far. Please help me. Will really appreciate your response.

    02-27 04:48 PM

    We know we have our largest membership in CA. Well over a hundred members. Yet there are only about 10 active members. And yes, these 10 are extraordinarily dynamic, but we need more. In particular we need more members in SoCal.

    Those of you who have already signed up as volunteers -- please attend the weekly call this Thursday at 9pm PST. Once you are on the call, please speak up, take the initiative and work on something.

    Respond to the weekly emails.

    - Convince at least one more person to become a member
    - Convince at least one more person to contribute
    - Post our flyers in your neighborhood or workplace
    - Come up with other ways to get the word out
    - Join a lawmaker team
    - Start a lawmaker team and make an appointment

    IV cannot run without your help and fervour.


    05-04 06:55 PM
    I believe that the sponsored employee (and the attorney) are not allowed to have any part in the recruitment effort as per DOL guidelines. It should be done by the employer.

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