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  • fromnaija
    12-31 08:24 PM
    Hi,

    I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

    My PD is June 2005 and I-140 approved on July 2006. I am thinking of
    changing my job. I am puzzling about the following questions:

    1. Can I change the job and use my 3 year extension for the next job?
    2. Can I keep my PD of June 2005 if my current employer doesn't revoke
    my I-140 ?
    3. If I apply for GC again with new employer and get my I-140 approved , can
    I keep getting 3 year extensions on that job ?

    PLEASE HELP!.

    Thank you,

    Yes, yes and yes. Your questions have been answered many times over here.





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  • fide_champ
    02-15 08:30 AM
    Does anyone have any experience visiting canada with an expired US visa and then returning back to US showing just the approval notice? I heard you don't need to get a new stamping if you are returning before 30 days.





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  • immiusa
    06-15 11:26 AM
    Since you have completed the important formalities for two.
    Police compliant & applying for replacement cards. You are good.

    If you need to travel outside USA, you can get your passport stamped stating that you have a GC. That should your travel needs. Now a days, replacement cards are very fast. You should be able to get them in 3 months period. Do not try to give false information to USCIS (Some one suggested you in this group)





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  • blondhenge
    05-22 11:54 AM
    Are you EB-3 or Eb-2?

    I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

    Here are my case details:

    - Labor was filed in 2001 Nov in MI
    - 140 approved in Oct 2003
    - 485 filed in Jan 2004
    - changed employer in 2004 Nov on EAD
    - RFE for employment letter in Mar 2004
    - Case transfered to local office (Newark), May 2005
    - 3 EAD renewals, 3 AP renewals
    - 25 % more salary than old job. Title in old job was programmer/analyst.
    - New job when joined was Systems Analyst.
    - For RFE response, supplied a good letter with same job description.
    - The current JOb is NJ with a well known insurance company.
    - Recently i got promoted to Information systems Consultant

    Now my Qs are
    - What can i expect during the interview?
    - Anyone with similar experience, can you share ur experience?
    - Change in titles, more salary, labor being from a different state etc are
    making me very nervous
    - Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?



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  • 2ndJuly
    10-18 04:29 PM
    My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21





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  • ras
    06-17 01:15 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?



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  • devikas81
    06-16 08:12 PM
    EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
    Pls. advise





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  • kondur_007
    09-24 02:38 PM
    Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.

    Good decision. Wish you best of luck!:)



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  • arnet
    09-08 01:47 PM
    DOB certificate is important for all applicants (including spouse and children) but if you cant get it, some advise to get affidavit from parents and Non-Availability Certificate from the local municipal corporation in your place of birth as a substitute for DOB certificate. But USCIS filing procedures are constantly changing so be careful to check with your attroney to avoid future queries because they might say they cant accept this substitution anymore.

    Disclamer: check with your attroney for your situation as I'm not an attroney.





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  • samswas
    04-20 05:41 PM
    I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Your Case Status: Post Decision Activity

    On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    But i have not received the document yet and wife is leaving on 24 th Apr 2011.
    I would like to know if she can go without and when i get it i can mail the document so she can come back.

    Please help.

    Thanks
    Arun


    She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.

    Here is the link to make an appointment for INFOPASS

    https://infopass.uscis.gov/info_en.php

    Another option is talk to your Congressman.

    Goodluck



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  • beibei2929
    05-15 01:39 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.


    Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.

    When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.

    Talk to an Attorney when in doubt.





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  • pamith
    01-30 02:49 AM
    Congrats



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  • angelfire76
    03-20 06:44 PM
    Can you please change the title of this thread so as to not give more people anxiety attacks?
    Welcome to the new world of Banking where even financial whiz kids need to go through a contract company to work at these institutions. I think the Indian IT cabal is smiling and thinking about diversification into financial services. They call it domain consulting. ;)





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  • desi3933
    05-10 06:12 PM
    Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? .......

    ....

    Thanks for you help.

    Assuming that you have I-485 application pending, the status is applicant to adjust status.

    If you have EAD due to L2 visa status, then your status is, of course, L2 status.



    _________________
    Not a legal advice.



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  • nrmarrivada9
    04-04 09:53 AM
    She could be on F1 even before the commencement of the classes. It will not be a problem.

    Regards
    Naveen





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  • go_getter007
    10-18 04:16 PM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007



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  • asdfred
    10-12 05:29 PM
    no dude..it does not..there is not much it will give us..
    we need visa recapture, elimination of country quota and simplification of ac21 rules
    (i feel like i am asking for free beer :p)





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  • texasguy
    06-15 12:43 PM
    Thank you all for your suggestions. You all have been really helpful in this difficult times.





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  • uma001
    07-20 05:26 PM
    Hi,
    Could you please advice for the below case.

    Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?

    Thanks

    Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.





    rgpr
    03-28 06:19 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Thank you very much for your help.





    morchu
    05-04 02:11 PM
    Good point regarding export regulations. I dont have much idea in this scene.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.



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