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i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?

best,
-andy

Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

Thanks!

As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.

Got laid off but found a new job and working on EAD.

Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.

Question is now:

1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?

2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?

3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?

I am very confused.

I would like to think that there are lots of members who are interested in participating in campaigns like this. I participate in most of IV campaigns and have sent flowers and called all reps for 5882. This is a campaign that I would be interested in participating in. If you are going to chat about this on IV chat (which many members cannot access because of restrictions), then please post the transcript and summary here so that we can at least understand the viewpoints of the participants and the action plan.

I just checked that Nebraska is now processing cases from August 2007 for I 140 applications. Do these also indicate China and India?
My pd for I 140 is in July, and I am from india. Should I be able to make a query since the dates have gone past my PD?
thanks for any info....

Hi All,

I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

what are you trying to get at ? or analyze?
what matters is when you filed.

I got my FHA loan using EAD, no issues.

hello;

Here are my details.

1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead

the qn is -->

1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

can you give ur opinion regd the above qns? thanks

The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.

I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.

Put the year also to get an idea.

I don't know why they keep whining about bringing more H1s when they cannot provide for the ones already here? Even a layman would agree that more H1s without corresponding legislations to fix broken GC system would add fuel to the fire.

Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?

That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?

In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.

I have been filling up I-485 all day . Online forms sent from attorney but no help with topics. I am confused by these

Visa Number - is this a number that is stamped on your passport when u entered US? My visa in passport expired long time back. I have my WAC number- is that what is required to enter?

Alien Number - is this the I-94 number?

anywhere i can find a sample I-485 filled in ?

Appreciate any help

I'm confused with these too. I asked my lawyer and he told me not to worry about it right now. Just fill the other details.

I vote for Three.

The new ones do look much better! I really like your 2nd New one :)

Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

Hi everyone:


I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.

What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.

Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.

It was all done in 3DS MAX! =)
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btw: I made the sig today and it took me about 10 minutes or so... =)

Hey Nixstor,

I have already started looking and yes I agree. I would not hurry up things. I would take my time and get something good regardless my company pays or not.

Also I am going to do an official contract with my company and they would be paying utilities like internet and others separately. They would also add work insurance to it. It could be possible that another 2 people apart from me would work at my home office. Are you sure that it is not taxable if I get money from my employer as rent?

Any way thanks. I really appreciate all your responses. Market is bad and NJ is terrible for house. I am getting old houses for 500k and prices are not reducing any time. I have been watching it for 5 months now.

This is a letter summarizing my process over the years, elaborated by my immigration attorney for the US Embassy in Nassau Bahamas where I renewed 3 times my visa H1B, However I have to renew it again and spend the $4500 + trip + hotel and food.
My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.

I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.

According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.

Why not coordinate with the MA state chapter members?

Guys,

I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

Congrats buddy.