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Sunday, July 3, 2011

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  • kondur_007
    05-15 08:42 PM
    The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.

    I second that.

    As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.

    Good luck.





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  • axp817
    06-27 10:04 PM
    Isn't it a violation of the law, if NO reason is given while denying the 485?

    The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.

    So, here, a reason WAS given.

    Of course, the reason might have been incorrect, as the poster seemed to think.





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  • martinvisalaw
    06-05 05:03 PM
    It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.





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  • zeus124
    02-13 10:31 PM
    I had filed for H1-B extension in December. I work for a TARP company. With the new restrictions on hiring H1-B workers in TARP firms, is this likely to affect my extension filing, especially since my employer had layoffs recently?



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  • trump_gc
    06-28 10:28 AM
    Thats fine. What you have is much better than what most of us have. Just get an affidavit from her parents or relatives, stating the correct full name etc. That will do it. But do get an affidavit, if u want to avoid RFE later on!





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  • ashres11
    04-06 09:27 PM
    I had AOS though company A and holding my H1 which is expire in July 2010.

    I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.

    I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.

    JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.

    Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.



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  • fromnaija
    07-29 02:43 PM
    I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?

    I don't know that of NSC, but for TSC the fax # for expediting EAD is 214.962.2632





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  • let007live4ever
    06-22 10:01 AM
    Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?

    Thanks



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  • baleraosreedhar
    02-06 12:36 PM
    One problem is as the new company is big desi firm they are not giving me copies of Approved labour and I140, i just have the I140 number.So can you please let me know is it possible to port my PD without I140 document by just quoting the I140 number.

    Thanks
    Sreedhar





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  • ss1026
    06-23 01:57 AM
    From the horse's mouth

    "Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."

    The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.

    For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).

    After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.



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  • sixburgh
    08-04 09:31 PM
    I am also in a similar boat, see my thread at http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599399-sharing-experience-h1-stamping-in-india-while-485-pending.html

    Can a lawyer please comment on this?
    Does using an H1 stamp to re-enter USA create any issues with my pending 485?
    I do have an AP in hand too.
    I too am working for the same employer who are helping me keep my H1 while 485 is pending.





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  • eyeswe
    05-15 09:05 AM
    Dear Sir/Madam,

    I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
    My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
    Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation

    Appreciate this offer of yours to help me.
    Regards
    Eyeswe



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  • hmehta
    09-30 01:49 PM
    Yes, Ofcourse...it has to be valid for atleast 6 months. If it has already expired, I believe you should get a new one before travelling.

    Is there any problem if your passport is expired while on H1 visa?

    Do we need to get the passport renewed before it is expiring?





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  • GCplease
    02-04 04:41 PM
    I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.

    My question is, will they ask for EAD upon re-entry.

    I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?

    Any advice is appreciated.



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  • ramus
    08-13 10:14 AM
    Lets create new thread for every application received by every different person and track each of them ....


    Why can't we spend some time on DC rally and do something productive then tracking who received your application..





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  • raydon
    03-06 09:58 PM
    Actually I have an L2 not an L1...hence the need of an EAD before the green card...

    Now that you have the GC, quit worrying about expired EAD and all that crap. Enjoy the freedom and privileges of green card life. Don't worry about trivial things like EADs now.



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  • Ann Ruben
    03-08 06:47 AM
    Yes, it is a 10 page form which probably went to your lawyer. If not, The lawyer can follow up with DOL.





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  • Ahjeet
    12-04 09:16 PM
    Thank you for response.

    I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.

    Yes, I read in forums RFE's and 221g both have become more regular these days.

    I'll let the forum know outcome of this case. Thank you for visiting this thread!





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  • eb3_nepa
    06-08 10:59 AM
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    krishna.ahd
    05-01 07:18 AM
    What do you mean by filing ?
    Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
    You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
    Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
    Again you may change job again before 485 stage hit.





    missourian
    06-25 05:18 PM
    Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.

    IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending

    Am I correct?



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