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I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.

I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.

That is correct. If you are married and over 21, they can't apply unless they are U.S. Citizens. But then, you will be under FB 3rd category which means a very long wait.

Check out this website. It has all the details you need

http://www.cic.gc.ca/english/newcomer/res-oblig.html

if you click on the appropriate link it defines what a Canadian business should be.

Hope this helps.

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Thanks,

Team IV

I am talking about I 485 only. In my 485, preparer name, Phone number, E mail address and company address printed but there is no signature and date.

I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.

I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion

Unfortunately no! Only your employer or lawyer can tell you.

Thanks for the Tip, I will schedule their interiview from India. I felt better not take any chance.

Again thanks for your time.

I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.

But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.

Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:

1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.

Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.

I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.

I trust this information will be perused and I will be available to given additional input.

Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.

I am articulating this for the benefit of one and many.

Dear Friends,

Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?

My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.

Thanks.

Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.

we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.

1. do we need to call USCIS to change the location and date ?.

2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.

3. I have updated the address in USCIS using online AR-11 already.

Plz share your experience/advise...

thanks,
====
PD : mar-2005

not being rude, but are you the voice of- http://www.fat-pie.com/salad2.htm?

Congratulations,

I had sent a letter yesterday to following address...

Secretary Janet Napolitano
Department of Homeland Security
US Department of Homeland Security
Washington DC 20528

Is that the correct address??

You can do that using your EAD but that could be considered a violation of H1 status. Not big deal if you do not need to maintain H1. If you want to keep H1, you cannot do that unless you are willing to re-validate H1 later on by leaving US and re-entering on H1.

Is there any law for disabled immigrant. I am 33 years old, and I am disabled, and I am here in US from 1998. I really want to settle down in one place, and it does not matter whether it is India or America but I think I have to make a choice right now, or my future will be a big question mark.
I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.

thanks
I dont think there is any special provision for disabled as far as GC is concerned.
Could you please elaboarte more.
What is your status ?? How far you are in GC process like 140 applied /approved ??

amazing indeed :D

My lawyer said i need to do I-140 amendment..wondering if its worth it given i may get approval in few weeks. Has any one done such amendment..how does it impact the timeline?

Yes, as long is there is a 140 or 485 pending some where some place or a Labor pending for more than a year, you are eligible for h1 extension beyond 6 years.

My first 2 extensions after 6 years were based on a labor from previous company.

This POLL is only for the following people: Please respond:

1. Filed / Approved I-140 in TSC
2. Applied 485 at either NSC or TSC.
3. Receipt Pending / received

depends on your PD?

Hi All,

I just received an RFE for my I140 which says:

-----------------------------------------------------
The ETA Form 9089 you provided indicates a requirement for a Master's or Bachelor's degre in a certain field of study.

Submit evidence that the alien obtained the required Masters or Bachelor's degree in Engineering or Computer Science, January 24, 2007. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and date of degree award, if any.

The job offered is for a software enigineer.

You have submitted a copy of a Masters Degree of Technology in Polymer Science and Technology and of the Bachelor's degree is in the discipline of Chemical Engineering with Speciality in Polymer Technology. If you have not been granted a Masters or Bachelors in the required field, provide proof that your degree(s) has the same elements as a Masters or Bachelors in the required field(s).
-----------------------------------------------------

How to proof that my degree(s) have same elements as a Masters or Bachelors in the required field(s) - the required fields being 'Engineering or Computer Science'? I think the confusion is because the title of my degree is 'Master of Technology' and not 'Master of Engineering'... same with Bachelors.. it is 'Bachelor of Technology' and not 'Bachelor of Engineering'. Anybody from India knows they are almost same. But how to prove it to INS?

Please reply ASAP so that I have time to execute the suggested steps. Any help is greatly appreciated. Thanks in Advance...