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  • iv_newbie_2007
    06-16 10:06 PM
    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    ----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.





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  • pathiren
    06-06 07:50 PM
    Admins / Folks,
    Any updates on this!

    06/06/2008: U.S. STEM Advance Degree Numberical Limit Exempt Immigration Bill Introduced in the Senate

    There is a bill pending in the House which was introduced by Rep. Zoe Lofgren of California which is similar to this new Senate bill which was introduced yesterday by Sen. Barbara Boxer of California. The House bill is H.R. 6039 and the Senate bill is S. 3084. Both of these bills propose to exempt U.S. advanced degree holders working for the U.S. employers from the numerical limit in the employment based immigration. The full text of the House bill is posted on May 11, 2008.





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  • ImmiLosers
    03-10 10:01 PM
    URGENT -
    I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
    My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.

    Please let me know yr opinion.





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  • zoozee
    06-11 05:56 PM
    Mistake..............Now i am not able to change the title-sorry guys.



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  • Irs
    02-28 04:51 PM
    Online search would give a bunch of sites… you know your insurance needs for you/family better than anyone….You may find one or many but trade-offs are inevitable... make sure to compare the new insurance that you will be buying against the one you have to validate coverage...





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  • james_bond_007
    12-07 02:21 PM
    My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.



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  • fide_champ
    04-11 10:05 PM
    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    Thanks!
    Keith

    it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.





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  • thomachan72
    03-28 03:17 PM
    I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.



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  • martinvisalaw
    07-30 01:02 PM
    Hi,
    I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
    My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.

    Thanks

    You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.





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  • desi3933
    02-23 03:17 PM
    .... you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.


    This is not correct.

    One can use unexpired H-1B visa stamp along with the latest I-797 to get I-94 date as mentioned in the I-797 approval notice.


    _________________
    Not a legal advice



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  • chanduv23
    09-17 03:01 PM
    Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead





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  • pd_recapturing
    02-29 03:16 PM
    Oh my God. This is too much. I cant believe it that these desi blood suckers employers can go to that level. This is height of explotation that person even does not know that when exactly his labor and I140 got applied.



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  • desi3933
    06-12 04:51 PM
    .......
    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
    .....

    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.





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  • shawnsteinbarth
    February 14th, 2005, 05:41 PM
    I have decided to go for the SB-600 rather than the 800 because I don't think I need the extra functions at this point. It will save on $$$ and weight too.
    Thanks,
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  • vamsi_poondla
    03-15 11:02 AM
    What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,





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  • colors
    09-05 11:42 AM
    Kumar,

    It should come with in a week. It all depends on whether you filed your I-485 through attorney or not. For me they send it on 08/29/08. My attorneys informed me on 09/04/2008.

    Hope that helps



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  • Suva
    07-18 03:26 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes





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  • tinuverma
    03-19 04:23 PM
    nice surprise to see there are a few strugglers like me here.
    PD: sept 2005.
    EAD: approved
    I-140: approved.
    in OKC metro area.





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  • mhtanim
    02-12 11:20 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.

    Yes, you are allowed to take lifetime learning credit. It has nothing to do with your visa status.

    It should not have any effects on your greencard process.





    gchopes
    11-05 01:41 PM
    Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.





    wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.