Tuesday, June 28, 2011


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  • front123
    03-19 02:27 PM

    I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys

    I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
    I 485- AOS not applied

    I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.

    After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.

    What are the options I have ?

    1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?

    In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing

    Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?

    2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
    Based on Neufeld memo, what would be the additional documents reqd for such an extension ?

    3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration

    Would appreciate any advise on this.

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  • my_gc_wait
    10-26 04:07 PM
    I also asked my company lawyer and they are suggesting that since her status is H4 she can not work. For working on EAD she has to leave country and reenter on AP.
    So a little confused here?

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  • solaris27
    10-12 04:13 PM
    you have to wait till 180 days .

    Your employer can revoke 140 in once that you filed i-485 within 180 days .

    So you have to make friendship with him till 180 pass .

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  • amitga
    07-01 08:55 PM
    I think you should have added June 30th also.


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  • vts31
    10-21 01:25 AM

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  • alterego
    05-04 11:55 AM
    You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
    Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
    Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
    Good luck.


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  • gc_bucs
    01-27 09:45 AM
    Since spending bills are to be tabled shortly and we had few goals of our own I wanted to know if IV is planning to have a telephone conference call anytime soon to discuss where we are and to have a general status/QA session.

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  • mbartosik
    04-03 05:15 PM
    The time available to a congress person to speak with residents in small.
    Be prepared to speak with the congress person's aids.
    An aid can put in hours of time with/for you, whereas the actually congress person will have little time to spare.


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  • Tushita
    09-20 05:11 PM
    After the biometrics done, what happens next and what is the time frame for EAD, travel documents and I-485 card to be issued? Or What next after the biometrics are done? Please advise.


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  • furiouspride
    05-16 07:04 PM
    I wouldn't get too hassled from YT comments.


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  • nsolanki77
    01-18 06:45 PM
    In 2005 I (american citizen) applied for a I-130 petition for my husband who is an Indian citizen. (It was approved.) Then after that the case was placed under administrative review at the Mumbai embassy in India. It is still pending for over four years now. As of Sept. 2008 My husband recieved a letter stating the petition was sent to the USCIS here for review and possible revocation. We were told to contact them here for our case. They can not find anything on our case.

    He is now in Canada on a student visa. Can I apply for a K-3 visa while he is in canada on a student visa? I was told he would need to go back to India for me to apply for a K-3 visa. USCIS agent told me to take the steps in applying for a K-3 visa for him.
    Can I?

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  • ushkand
    09-20 11:29 AM
    First off, the chances of you being denied an H1 renewal are zero to none unless ofcourse you or your attorney made a error on your application (incorrect fees etc).

    For argument purposes, if your H1 is denied you could always fall back on your EAD. Denial of H1 does not invalidate your I-485 as long as your "JOB" is still present. Now your entire status is dependent on your AOS application. If you AOS (485) is denied you would have to leave the country.

    If your H1 is renewed, you can stay in the US for the entire period of its validity even if your I-485 application is rejected/denied.

    As always, take all advice given on a message board with a grain of salt and consult an attorney.


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  • swo
    09-28 05:12 PM
    Yes, the new quota starts on Monday. However, you still need a current priority date and all security clearnances before you are eligible for approval. (At least that's how it will work for the most part).

    Who knows if they used all the 2007 numbers up. I suspect they will be very close to having done that given the number of applications they had.

    Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..

    Also did USCIS use up all numbers for 2007?

    Any ideas???:confused:

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  • lghtslpr
    03-13 05:00 PM
    In the March issue of BioScience (a widely read scientific journal) Gillean Andres reports on the growing momentum for new federal incentives to attract new students into careers in science, technology, engineering, and mathematics. The article is available here: Washington Watch: The Cost of Doing Business: Should the United States Create Incentives for science, technology, engineering, and mathematics (STEM) Labor? (http://www.aibs.org/washington-watch/washington_watch_2006_03.html).

    Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.

    So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.


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  • cox
    February 13th, 2005, 09:37 PM
    shows you how attitudes to helping sick people have changed. In the old days and in many third world countries, it's still a semi Prison system (to look at)

    For the mentally ill, it sometimes still is here in the States... For those that can get care at all. Very haunting shots, Freddy. :eek:

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  • sadib888
    05-18 11:48 AM
    I think I have lost my GC or misplaced it and can not find it.


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  • happydude9
    01-24 12:10 PM
    Hi glus,

    Thanks for the reply can you or someone clarigy this,

    What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.


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  • martinvisalaw
    07-01 02:00 PM
    You must be actually in H-1B status in order to use the H-1B portability provisions. This is what allows you to start with Company B once their H-1B petition is filed, rather than wait until the petition is approved. To use this, you need to get into H-1B status for Company A 9either through a COS petition or by entering the US in H-1B status. I don't recommend that latter option if you know that you will be changing employers as soon as you enter the US.

    Alternatively, you could change from Co. A L-1 to Co. B H-1B, but you cannot start working for Co. B till the COS is approved.

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  • Raj Iyer
    09-22 05:03 PM
    IF at the time of applying for the H-1B, you were on a valid H4 status and H4's validity was beyond October 1, 2010 then you should have have been granted an H-1B change of status with a valid I-94. In case your H4 was not valid or you requested a consular notification, then you need to go to your home country and get visa stamp from the consulate and come back to the U.S.

    07-23 06:49 PM

    02-01 12:47 PM
    Plaese help



    This is my situation

    I am from Pakistan and I do have Canadian PR also. I applied I-824 on August 5, 2008 and it got approved very fast on January 16, 2008 IN just 5 and half months and I have written that I want to process my case in Toronto Canada not from Pakistan now I have the following question

    1-on approval notice the petitioner name and the beneficiary name is the same don�t u guys thing the beneficiary name should be my wife name

    2-DO all FTJ cases are processed through NVC. Or only some of them... because Islambad embassy accept cases from NVC only they told me that I-824 has to be approved and then UCIS will send your case to NVC and then case will be sent to islamabad but is this the same procedure for canada because I-824 approval notice says that they have notified tornto consulate that I am the permenant resident thats all. I 824 do not have even my wife name?? Can any body tell me clearly that does every body who files I-824 has to go through NVC or in case of Canada we can go to consulate and start the case?

    3-If NVC is involved in my case then how long file will stay at NVC and how long the consulate in Toronto will take to complete the process.

    I am totally confused a lot of lawyers do not even know that NVC is involved in FTJ cases. These lawyers still say that you can go too directly to start the case I know In Pakistan they accept the cases only through NVC. Even they don�t open case with approved I-824? What about in Canada? Do I have to wait to receive some documents from NVC or I can start the case directly in USA Consulate in Canada

    Guys please help if you know the answer