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  • dealsnet
    01-13 10:13 AM
    Six years is the time you spent in USA. Not from the approval date. If you take vacation and go out from USA, you can deduct that period also.

    You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
    No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.


    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.
    Regards,
    Alex





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  • ImmiLosers
    03-10 11:22 PM
    As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.

    Now I am not sure.

    But the point is - Has he/she said it can not be done at I-485?:confused:





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  • marty
    09-30 09:33 AM
    USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.

    If I remember well the processing dates information was more up-to-date earlier.

    So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.

    What can we deduce from this? Is it good? Is it bad? Or no relevance?

    It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.

    Simply more confusion, as if as it is we were not confused enough.


    I just noticed that and was about to make a thread. I remember the dates as of August 15 and not as of July 31, 2008. The processing times from September 15, 2008 can be seen at http://www.aila.org/content/default.aspx?docid=26534. It doesn't look like anything changed in the current update.





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  • nfinity
    01-20 01:40 PM
    fantastic theme and integration! way to go



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  • dan19
    08-22 03:23 PM
    Hello EB2ToEB3

    Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?

    Thanks for your earlier reply.

    Dan

    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.





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  • eb3_nepa
    02-12 11:34 AM
    I am in Philadelphia so i would assume Vermont center. Is that a fair assumption, coz i have a previous I-140 and to the best of my knowledge it had gone to the Vermont center back then.

    However back in the day there was no premium processing for I-140 so things may have changed :(

    Has anyone in the North east USA recently received any approvals from the Vermont center?



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  • vxg
    12-31 01:57 PM
    See my answers. WE just came back on AP, no issues.
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    YES
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    NO
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
    In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

    Your help is greatly appericated.

    Thank you.





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  • mn2007
    07-03 04:44 PM
    If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.

    -MN



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  • sri1309
    11-02 01:48 PM
    All,

    Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
    or
    does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
    Thanks,





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  • copsmart
    02-15 01:07 PM
    Come on, Man�

    Why are you so worried before even knowing whether your company is a TARP receiver or not?

    BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.

    Relax!!!

    Hi rvr_jcop

    Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.



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  • rheoretro
    09-18 03:06 PM
    Folks,

    What does that link have to do with research scientists and professors?

    RR





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  • dilvahabilyeha
    08-09 01:20 PM
    It is your passport number

    no friend it cannot be



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  • senk1s
    04-16 04:33 PM
    earliest is 120 days from expiration

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD





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  • ayaskant
    01-31 11:08 PM
    Hi,
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated
    ak



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  • cdeneo
    01-05 03:56 PM
    Hi there,

    I need your advise - have an issue with travel back to the US.

    My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

    I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

    Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

    I would really appreaciate any advise you can provide to my query. Thanks!





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  • bluez25
    07-22 06:03 PM
    Tinku,

    How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...



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  • msp1976
    05-19 10:12 PM
    Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
    I had not read that one...If cornyn amdmt gets through we are in a good shape then...





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  • dante1271
    08-26 12:58 PM
    My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension ...my company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
    :D
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.





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  • supers789
    09-01 08:40 AM
    I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
    Please reply its kind of urgent for me.

    Thanks.





    msyedy
    12-29 05:55 PM
    After 6 months of EAD a person can change jobs, but his hiring company should give him the same title in which his application for a GC is filed.
    (Same title and should be able to show that the company can pay him the pw)

    So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.

    Please consult your lawyer.....

    always seek legal advice.





    number30
    10-26 08:14 PM
    vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.



    You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.



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