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Hi,

My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
Is there any chance I do not get H1 approval (even after 31st March)...

regards...

Hi,

I am going to get married next week.

I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.

I want to file the H-4 visa for my wife and I have couple questions :

1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?

2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?

Thank you for your help.

Andrea

Thanks biznuge! :)

The questions in FAQ are very much similar to what are being asked at this website.
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D

Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).

So, do i still need a valid H-1B status even though, i will be traveling back on AP?

My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

you lawyer or employer can contact...

Mark my words.... President Bush will single handedly make sure to pass the bill as it is.....

No one can stop it.

Do you all think it is just a co incidense that all the dates became current just when this bill (which was supposed to be in grave :rolleyes: ) is revived by those who extremely opposed it?

Do you know how many people will stop giving a damn, because they just filed their 485 s?
People like me who are result of bad practice employers are still here, and lucky ones will depart.....

We have been dealt a crucial blow here.

Please share your experience, if any one come across this situation

Anymore thoughts?

Thanks
WA

Hi,

Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?

I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?

Thanks

Please find below my case details:

i.Started on L1A in Dec 2001

ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.

Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

Any thoughts? Appreciate your comments.

Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.

Hi,

Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).

Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.

Any ways Congratulations and BOTTMS UP :)

Wish you a Happy New to you and your family too.

Dev[/QUOTE]

Agree with Jonty on checking at http://infopass.uscis.gov...

I needed to confirm my address change.. called uscis and I was told they can't see any personal info... basically read me my status on website and a long boring standard message.. saying you are within the normal processing dates and blah blah... Bottom line I was suggested to take infopass.. so I took.. Its my first infopass appt ever and it was very easy... shown me 2 dates avaialable for Aug (nothing in July).. So I pick one and then was asked to pick a time...

I selected as a follow up on pending case...

Hopefully they'll process my AOS before that :-)

EB2-I June 2004... PD current, RD current per both NSC/TSC...
Case filed at NSC and transferred to TSC (July 23, 2008)
Keeping my fingers crossed per 50-50 probability theory :-)

See this FAQ - http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML

There is a phone number for Benefits Advisors in the FAQ above. You can call them and find out for your specific situation.

Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
--------------------------------------------------------------------------

CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

Mailing Address:

Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225


Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.

Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.

http://www.dhs.gov/xabout/structure/editorial_0501.shtm

Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?

By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).

IV has been featured in India Post newspaper.
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org

thanks

I also have a similar case like the original poster (TexDBoy). I want to move from Boston area to somewhat warmer area.

I have not asked my employer if they would allow me to do this, but my family wants to really move out of Boston (too cold and tough winters). While, i do have a nice job where i see stability (I have been in the company since 8 years now), I would also like to see if I can get to some good companies in the southern places like Dallas, Austin, Raleigh, Atlanta...

What do you guys think?

The last poster mentions getting a LCA.. Does that mean we have to file another Labor? I already have labor and 140 cleared and my 485 is pending with June 2003 date (EB3)

bumping up

If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.

That's outrageous. I'm guessing it has been pending at the TSC. Did you call them? Could you please let us know what their response was?

Thanks and all the best.

Maverick_2008


I sent in my application on 6/29 and I am yet to hear from USCIS.

Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.

Socal members,

Can we do that on some weekend..