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Answers in Red Ink Below....

Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?

Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....



Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.

Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?

Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?

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who gave me red mark?

somebody gave red mark...what happened???

Hi Logicifile,
so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...

Thanks

Censoring yourself now dan?

Thanks Dealsnet;

Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?

Just curious to know, if you have any info.. :)

thanks,:)

The sequence you mentioned is correct.
I did received 3 same paper welcome notices !!!!
Next paper notice received contain GC.

Folks,

I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

It appears on rough estimates :

2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000

My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

Can some one please throw some light.

Thanks

Hi, I am Rina, residing near LA, CA and working close with Niloufer in TX as volunteer. I cant attend meeting, but if you provide me list of ppl to contact on phone, i can inform them abt this meeting.

Let me know how to go about.

Follow Your Heart

I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

My question is:

1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

Any help is greatly appreciated, I need to decide fast. Thanks a lot.

Multiple I-485 Filings Not Advisable
�MurthyDotCom

While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.

I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

No.

Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.

Did you port it thru same employer or a different employer?

There are so many posts already in the forums about these issues. I think you will get all your answers there. Please do not open a new one

I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?


Thanks in advance. !!!!

hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

How many years do you have left on your H-1?

6 months.

Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

I am in the same boat:::::::::

July 2nd Filer.
Reciept notice received on October 11th on Phone.
Waiting for EAD,AP.
FP Not Done

And that is the reason why I am saying that this is but a small step in the right direction. It is nowhere near the long term solution that we need to work for. In your euphoria, please don't forget that we have a long struggle in front of us and Immigration Voice needs all the support that you can give.

Remember that IV is the only organization that gives voice to skilled, legal immigrants - please help make it stronger.

See below:

Taken from www.immigration-law.com (http://www.immigration-law.com)

07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!

and he is cute..., that is a must