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  • gsumk
    08-25 07:17 PM
    @ Meet

    You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
    But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.

    Hope that helps.

    Do we need to apply H4 to H1 thru the same original company to reinstate the old H1.

    Please let me know.





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  • bhagat69
    02-27 09:27 AM
    Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.

    NOTE: Can someone please tell me how I can create my own new thread on immigration voice.





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  • apahilaj
    09-18 06:36 PM
    WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
    Please let me know...

    Reading on this forum, it doesn't seem so.





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  • ivar
    02-17 09:26 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

    Dear Virgina Desi,

    Congratulations, enjoy your card and stay in US. All the best for future.

    I have a small question,

    My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.

    Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?

    Thanks,
    R.



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  • greenguru
    06-30 12:03 PM
    Well Said, EB3 retro.

    My job title is Software Engineer, can i join another company with a different job titile.


    Cheers





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  • forgerator
    03-22 01:17 PM
    very sad. I hope they take swift action against the culprit and put her in jail.



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  • champu
    03-06 01:18 AM
    Transfer money to State Bank of India .

    I agree. Diversify. Gold is another option.
    BTW in a few days all banks will be undergoing stress test...
    You would know where to put money.





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  • GB2India
    08-19 01:09 AM
    thanks, it is in the same company and is promotion to manager



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  • bbct
    02-18 10:51 AM
    I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.

    So check with attorney.

    This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.





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  • jonty_11
    12-14 12:56 PM
    Just called Ken Salazar's office, and made a comment to distinghuish between Illegal and Legals...and our retrogression issue.....again, seems like our cause is not something they know about...



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  • gc_rip
    06-18 01:33 PM
    ..





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  • LONGGCQUE
    01-31 08:36 PM
    DONE. Thanks for sharing. We all should take sometime and fill this form. Each individual voice adds and makes difference.



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  • ivar
    02-04 05:39 PM
    Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)

    Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.

    Thx,
    R.





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  • anilsal
    12-14 11:49 AM
    Are we calling the Senator's office for taking up the cause for CIR?

    I presume he is a democrat. Can we request him to take into consideration, skilled immigration?



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  • desi3933
    02-26 06:13 PM
    I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.

    Chitra -

    It depends on your reason for seeking entry into USA. If you are going to stay as dependent of H-1B worker, you can NOT use B1/B2 visa to enter.

    >> Can I hold 2 visas for entry into the US at the same time.
    One can have multiple visas in the passport, but only 1 visa can be used to seek entry into USA.

    >> can I still use it for entry into the US once I lose my H4 status?
    Please explain the scenario.


    ___________________
    Not a legal advice.





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  • patiently_waiting
    09-16 10:40 AM
    This may be older, but it is useful in filing online.

    Filing Advance Parole online - 101 (http://nixstor.blogspot.com/2008/09/filing-advance-parole-online-101.html)

    Filing EAD online 101 (http://nixstor.blogspot.com/2008/05/filing-ead-online-101.html)



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  • Antonio Trivelin
    September 1st, 2006, 03:16 PM
    Just for fun :)

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    :p

    Comments are always wellcome

    Antonio





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  • vin13
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done





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  • rajeshalex
    09-19 02:14 PM
    Another thing. Since the ticket starts from India base fare will be in INR and when u buy online the credit card company converts $ into INR. Usually credit card company exchange rate is lower than the ones provided by HDFC and other banks.

    Also check for foreign transaction charges imposed by credit card companies..





    sathishkrish
    07-23 08:54 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...

    If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.

    I dont know what else to say as far your situation is concerned - Good Luck!





    krishna_brc
    02-18 12:46 PM
    My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..

    If you get salary in INR which is credited to your Indian Bank A/c
    then you should be fine.

    If you get salary in USD credited to US Bank A/C then its ILLEGAL.

    Thanks,
    Krishna