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  • gps001
    02-23 02:34 PM

    1. I have my I-140 approved, applied for I-485 and have EAD/AP
    2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
    3. Both have 6 years of H1-B expiring later this year (both from different companies)

    I can extend my H1-B based on pending applications.
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?

    My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


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  • sdas
    12-02 10:28 PM
    but, the title of your thread sure sounded like an AD. You could have titled it as "Need advice on H2-B non immigrant visa" or something like that..

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  • Libra
    09-09 07:59 AM
    IV is working on to give a chance to IndiaBULL to apply for I-485 even his/her PD is not current.

    can some one tell me what IV is currently working on?

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  • alseethis
    06-11 01:00 PM
    How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    Again, anyone seeing the same in other places...


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  • Bhadwaj
    07-15 07:48 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.

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  • Rav!
    10-02 02:25 PM
    Hello all,

    I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).

    LC and I140 have been approved...so wanted to apply for a 3 yr extension.

    My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1

    Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.

    As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??

    Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.

    Can a LCA be reused? Is it a valid/legal thing to do?

    Any and all help in obtaining an answer for the above questions is really appreciated.


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  • GCHope2011
    07-02 12:14 AM

    How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?

    My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
    The flight (emirates) lands at 3 or 4 am.

    Also, any recomendations for Hotels ? Ideally near the railway station.

    Thanks in Advance !!

    You should book the hotel on Yatra.com or Makemytrip.com. I have used them in the past, and if you book 3 star or more, then you get pretty decent hotels.

    Also, about the taxi, you should ask them to go straight to the pre-paid counter and pay as per the fare board charge. It will look a bit expensive, as it is the airport, but it is usually hassle free and safe.


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  • snathan
    08-25 06:15 PM
    Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?

    You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.

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  • ilikekilo
    09-17 04:04 PM
    u pushed it a bit too mcuh,,,but its ok,....not biggy.who knows some people might have been encouraged


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  • needhelp!
    11-13 09:29 AM
    > > apostrophe IS OUR 100TH MEMBER < <

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  • SertTurk
    07-19 08:36 AM
    Yes, I checked and we are approved all the way.Just waiting for the consular processing date to get our Green Card.

    So can my wife quit her job? I dont understand why she couldnt if our case is already approved...


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  • tcsonly
    07-16 03:47 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.


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  • bkarnik
    07-11 11:54 AM
    Could you please post a brief transcript about what transpired? It need not be verbatim but enough to give us an idea of what was said.



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  • leo_loco
    10-22 10:30 AM
    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!


    I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?

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  • atlfp
    04-08 12:34 PM
    I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?

    Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....

    I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.

    If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.

    Doesnt the ombudsman report show all numbers even today? I thought they did.


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  • mhtanim
    06-30 02:04 AM
    Your H-1B stays valid for as long as it is approved, even if you enter using AP.

    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?

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  • LC2002
    04-14 11:00 AM
    Conguratulations...do you consider to donate anything to IV...

    Thanks, sure.

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  • maniac
    08-07 03:08 PM
    Make sure you take landing papers to US embassy with you to prove that you entered Canada legally. There should not be any problems.

    05-10 01:15 PM
    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.

    June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.

    May be they are going to audit your case along with 10 FBI agents.

    06-27 03:41 PM
    Hi Everyone, I need suggestion regarding my present situation. I got H1B approved for the year 2009. But my H1B was approved as to be get stamped in INDIA. I am is currently in USA since August 2008 on B1 Visa (10 years multiple) and the B1 I 94 getting expired on August 3rd 2009.

    Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009

    Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.

    Please advice me what can be done to get my transfer to H1B done without leaving the country.