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Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.

The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
one is illegaly present in the U.S. as long as one:

1. Is married to a U.S. citizen;
2. Is otherwise admissible to the U.S. and;
3. Has entered to the U.S. via legal means.

If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.

That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

Krish,

I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

Read carefully before jumping into conclusions.

Hi Smuggymba, very sorry to see you in such a situation...

It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

All the best





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.

Is this true?

http://www..com/discussion-forums/i485-1/86900247/

Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.

snathan: In that case my I-94 will be valid thru August 2009 which is the expiry date of current my stamped visa. Then what happens after August 2009? Since my I-94 will be expired, is that considered an unlawful presence? If so, what should I do then?

We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.

mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

Lastly, for my wife, who will be entering on AP will be given one year of I-94. what happens after that I-94 is expired? Is that considered as unlawful presence? In that case will she have to renew her I-94? In general for people who enter on AP, what happens after their I-94 is expired??

I appreciate your responses on this I-94 expiry piece.. I want to make sure that either me or my wife are not staying with expired I-94.
Thanks.

I also received similar mail from my attorney. I have double assurance now. Thanks.
You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.

Thanks guys.. good to know that..

Check website of consulate. I know Houston consulate webiste is

www.cgihouston.org

You will have to go to the one in your jurisdiction.

:)Action now

That is great south mama. Machi I filed I140 on JUN2nd and I got approved on JUN10th. Machi Congrat you soon will get the ration card.

One of the stupid questions!!!

If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????

If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

Do you guys think ? they might see this and enter it as received date ?

I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?

We should all send individually the flowers.
--sri

Hello sri...

I understand your need to do this right now! But it will be more effective if all those flowers go together! Even if we send them individually... it should be done such that Emilio gets them on the same day!

Set a date for when to send them and either we all send them individually on that day or if IV takes over the funds... let IV mail those flowers on the same day. My opinion is that sending them individually will make it difficult to coordinate. Everyone is busy... and it is quite possible that some of us may forget to mail the flowers!

Besides.. it is easier to just put the money with a central authority and then let that authority take care of sending those flowers on the selected date. That way there is less hassle for those who want to contribute.. that way we get more people to support us!

Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?

The act suggested in the post above is illegal.

Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.

Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.

Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.

It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.

I had mailed and faxed sen Specter's office asking for an appointment. Spoke to Mr Kenneth Altman, the immigration incharge. He said there was no point in an appointment, since their office is WELL AWARE of the Retrogression problem all over the country. He DID however say, i could mail him the Powerpoint presentation and he would take a look at it. I will Do that this week.

.

If you don't have free long distance phone, call to this number will be charged. If you are calling from cell phone, the minutes will be reduced. It is normal for using calling card. But this is free. No toll free number for calling.

On the website it says...


* Calls to Access numbers will be charge by local operator.


Any ideas what these charges are?

I guess N +1 syndrome :-)
And you know this how?:confused:

Hi Guys,
Any suggestions for my post above? It will be really helpful.

Thanks in advance!!

You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.

H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.

Thank you guys.

What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

I believe they want to earn extra money from us. What should we do now about this wrong info?

You think we have no choice here but to pay?

I'm sorry and thanks for your help.

Most of the companies have clear cut HR policy on who is covered who is not.
No matter what HR member said they will follow HR policy.