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Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.

My 2 cents.

Here's the site: http://www.myvisajobs.com/H1BVisa/Default.htm

What is the expiration date for her current H-4 I-94?

Hi,

Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?

Thanks.

Hi ,
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.

Can she travel to Canada and comeback showing her old stamping ?

Are we abandoning the current H1 if we go out while its pending ?

She just wants to see her sister and they wont let them visit either. :(

Thanks a bunch for your time.

Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?

Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).

Hi Gurus,

Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.

Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.

I have the following question :

1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.

Please advise.

It happened to us. We applied in Oct'06. Received the H4 approval notice in Jan'07. Only then I started tracking H1. My attorney called USCIS in Feb, they told him, we approved H1 (H4 will not be approved until H1 is..), but forgot to mail H1 approval. They never updated their system to reflect it. They also told him that they sent my approval notice to central storage facility, and have to order it to come back, only then it can be sent. Just 2 days back I got my approval confirmation email. Still waiting for the paper. Good luck with your case.

I sent this to Tri State Chapter - good stuff Jazz

With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?

:confused: Hello All,

I am preparing documents to send to my parents for Visitors Visa.
My Question: If lets say my parents go to the US Embassy sometime in March and if their visa get stamped for lets say for 2 months. When that 2 months time start? is it going to start from the day their visa got stamped or when they get I-94 card at US airport?

Thanks for your advice in advance.

No need to file 2nd I-485.

Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.

Your lawyer should be able to do that.

_________________________
Not a legal advise.

Thanks for your response.

I forgot to mention this, client company got acquired by another company. And I have first company name on approved I-140 (EB2).

Do i have to file successor-in-interest before i update my existing i-485 with I-140 (EB2)?

Thanks

Hello guys,
Need little advice from you guys.

My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.

after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???

thanks
h1bdude1

I am not lawer .. but I guess it may not create any issue. There are so many lawers. hire one for better accuracy.

Have another question regarding AP, we have filed 485 in jul 07, we got Recept for AP, but no other updated on AP, in case of Emargency can we go to the local office to get AP, is there any Rule that poeple applied AP for the first time will not get the same from local office.

Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07

Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.

I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....

my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...

Anybody else had similar issue or heard about "extended review"...

Admin's any knowledge about what this is....

Thanks

Hi,

I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.

Thanks in advance.

An IV member VBKRIS did accurate prediction. Its in donor forum though.

My occupation code on the labor notice is 189167030 which is for 'program manager' but the description on the labor notice is Consultant which is for a different code 189167010.


Now I am confused.. which one is valid?????:confused::confused::confused::confused:

How do you know that name check and background were completed in October? Did you call USCIS?

i called tsc...talked to an iio...talked to two different ones to confirm and we have an infopass for tomorrow...hopefully they say the same..

Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007

I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?

I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

Has anyone done this�????

Thanks in advance...

IMO, you cannot do this as you are moving from a cap exempt H1 to a non-exempt H1. So, in this case it will be regarded as a fresh H1 application and not a transfer. If you want to join Company B, then they have to file a new H1 application which will count towards the cap. Hope this helps!

Hi,

There seems to be a lot of mixed information about F1-OPT and I-485.

My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

Can she apply for OPT?

I will appreciate if someone can shed light on this.

Thanks.

She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status