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Hello,

Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression

I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?

Please help.

Thank you.

U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140

Did you contributed to IV.

I think your parents can provide affidavit with your date of birth (incase you cannot get Birth Certificate). And also you need to get another document from municipal saying 'No record found' something. I am not sure. Try to search in this forum. Members discussed sever times on this topic.



I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.

My wife BC is in the process and i think i will be able to get it by the end of the week.

My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.

PLEASE ADVISE. THANKS IN ADVANCE!!!!

inline...

hello experts..

My husband and I are working on H1B visa.My husband has filed for Green card..

Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
if 6 years on H1B are over??

None. to extend your H1 you need your own employment-based-GC process. But if you have alreayd filed I-485, you dont need an H1, you can continue working on an EAD based on his green card process.

If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
for visa extension?

If your company is willing to continue your GC (unlikely if you lose your job there) then you can get extension while that LC is valid (labor remains valid for 180 days, during which an I-140 must be filed). If you get past I-140 approval with this company, then you can use taht I-140 for extensions as long as this company does not revoke the I-140.

If I join another company do I have to have again labor cleared to get additional visa extension
at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?

Yes, you would need to restart the labor unless the previous company gets to I-140 approved stage and is willing to not revoke it. If you get I-140 with current employer, that priority-date is yours for future GC applications also. If you dont get to I-140 approval, then the date does not carry over to the new GC application
Many thanks..

All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

Appreciate your help

Hello All,

I want to file EAD and AP for the first time ( did not apply in July 2007 )without attorney (self file), Could someone please help me in understanding if Efile is better or paper filing ?.

Also, Could you please let me know from where I can find latest EAD and AP forms and documentation required to be sent along with EAD and AP applications.

Appreciate your help!!

Thank you.

My wife's green card was approved on Feb 27th. My wife is currently in India with valid Advance Parole. I received her green card during March 15th. I am planning to visit India during June and bringing my wife along with me. It will be almost 5 months when I come back on July 1st week.

Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?

Once your H1b application gets selected you cannot work until atleast oct 01 2009 which is usually start date on the approval. the date may not be exactly oct 01 but it will be certainly in that range.

Thank you so much for the clarification...

I would suggest you to switch to EAD. There is no reason for you stick to H1-B anymore.

Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.

In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.

If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.

We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf





More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)

Hi,

I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :

1. Can I file for FOIA even if my I-485 is not filed?
2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
3. If I am right, Can I file FOIA without Alien#?

Thanks a lot in advance and appreciate the response.

Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.

had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.

My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.

The victim was an immigrant like us and became a naturalized citizen here.
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).

Can you please post the link for the original thread?

Tnx

Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.

http://immigrationvoice.org/forum/showthread.php?t=12976

should I get a white cat or black cat
I want to avoid me being racist on cats.

No wait, it can be better..
My friend wants to buy a cat which one should he get black or white.

Get a zebra.

No wait. Tell your friend to get a Zebra.

what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?

I heard once that there is a special category for parttime H1. Better check with attorney.

Hi guys
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks

I485 approved means GC Approved.