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  • srisairam
    07-26 11:23 AM
    My H1B 6th year expires in December 07,

    I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.

    I read a article in murthy.com http://www.murthy.com/news/UDh121st.html

    Substitution Beneficiary Enjoys H1B Extension Benefit!

    In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.

    Can I get 7th year extension with help of I140 receipt?

    Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?

    If there is any answer in previous links please past the link here.

    My attorney has no idea about 21st Century DOJ Appropriations Act.

    Seniors please need your advice immediately

    Thank you




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  • REQUIRE_GC
    01-23 04:55 PM
    I am on H1 and my husband on H4.

    My 140 is pending.

    We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?

    I want him to be on h4 status till I get 140 approved.

    Thank you.

    I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.

    Why do you want your spouse to continue on h4?




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  • unseenguy
    06-09 12:42 PM
    I have EAD, can I work on 1099 as self employed?




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  • a1b2c3
    08-21 11:51 PM
    My PERM for EB3 has been approved on July 2008. My I-140 is pending. 485 has not been submitted yet. I don't have EAD card either. For some reason, I have to change job.

    My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?

    Bunch of thanks!!

    Make sure you get a copy of approved I-140.



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  • DyersEve
    09-28 12:33 AM
    Well nevermind, i somehow figured things out and if ya wanna check out my test movie go to http://teamnerd.tripod.com/random/tkt.html




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  • ndrw_fielding
    07-22 10:05 PM
    I got busted going twice the speed limit in a 55 MPH zone and just got convicted of Reckless Driving.I got 364 Days Suspended Sentence.

    Does that count as an "crime of Moral Turpitude". Does that mean that I-485 will be deined?

    Do you know anyone who was convicted of reckless driving and got their green card?

    All replies are appreciated.



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  • waitforgc1
    06-05 04:40 PM
    Thanks!!! For providing this information.




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  • ANDAHD1
    11-01 08:38 AM
    I am currently on OPT (Optional Practical Period) which is one year work authorization after completing my masters degree which started in Fed 2010 and valid for one year, and I got married to a US citizen in June 2010 (she is a born US citizen) and we applied for neutralization and our interview was scheduled in Oct 2010, But the thing is my wife was hiding one fact that she was married before and was divorced in 1999 She did not told me this until the interview was schedule with the fear of loosing me as she lied to me from the beginning when we first meet back in Aug 2007 and she continued with same lie with the fear of loosing me if she tells me the truth and assuming I will never find out about it, but later after the immigration interview was scheduled she told me the truth thinking something might go wrong and could land me in trouble and we went to court to get the divorce papers surprisingly the divorce was not finalized and after doing the paper work the divorce is now finalized.

    Since we applied for immigration when her first marriage divorce was not finalized our application becomes invalid so we withdraw our application and we received an acknowledgement for the same.
    Now that our marriage is valid and can apply for it again, but now my questions are.....

    1. I don�t understand what is my current status? Am I still considered as a student? Shall I apply for H1B Visa in premium process as my OPT expired in Feb 2011?
    2. Can I continue to be a Foreign Student (F1 Visa Status) after my OPT expired in Feb 2011.
    3. Shall I reapply for Change of Status again with new application? With new papers??
    4. While I was a student I worked on Cash is that going to be a problem for me??

    Please Advise, and let me know If there any questions related to the above case.

    Thanks
    A



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  • gc_kaavaali
    06-03 10:48 AM
    Sorry to tell you!!! you cannot work without you receiving EAD approval.

    Hello all,

    My EAD expired in late April

    Prior to that, I applied for renewal but my old lawyer forgot to either include something with the application or made a typo, and it bounced back a few days ago (late May).

    I got a new laywer to re-file the EAD, however I will not get my new one in time to start my post-college job in early July, as the process takes around 90 days from what I remember.

    If I show up to the first day with a filing receipt, a written letter from the new lawyer explaining what happened, and my old EAD, will I not get the job?

    How do employers handle something like this?

    Thank you in advance for any help.




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  • dealsnet
    07-30 11:57 AM
    You want him to work with GC or just want to keep him working. ?
    Eventhough the GC application is denied for EB1, you can process EB2 or keep him O-1 or H1B. For EB1, there will be strict rules by USCIS. If your company didn't meet the criteria for it, forget about it. Do it in EB2.


    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.



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  • redder20
    08-21 11:31 PM
    My PERM for EB3 has been approved on July 2008. My I-140 is pending. 485 has not been submitted yet. I don't have EAD card either. For some reason, I have to change job.

    My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?

    Bunch of thanks!!




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  • pointlesswait
    02-08 01:51 PM
    does anyone know of any good chicago based immigration lawyer?
    References are welcome!!!!
    :confused:



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  • brij523
    03-04 07:23 AM
    Please respond if you live in Savannah area in GA

    Thanks




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  • rssb
    10-12 11:36 AM
    Based on your approved I-140 if you are eligible to file 485 or get EAD then he can also get EAD.

    But using only approved I-140 , then only the beneficiary can get extended.



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  • fromnaija
    08-25 01:29 PM
    Sorry, my bad. I didn't check the forum area I was in. Yes you are right, people can ask the lawyers any immigration-related question.




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  • sarath99
    01-14 11:33 AM
    My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

    Thanks to any suggestions.



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  • NKR
    09-30 09:31 PM
    A thread telling people to use caution in using AC21 is currently active. Do you all think that it is a rumor spread by some employer to prevent people from moving out? . Are there any genuine denial cases?




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  • sanjeev_2004
    08-13 05:19 PM
    Hi,
    I went to infopass inquiry today. Immigration agent told me on counter that my I485 is in final review stage and you don�t have to worry about I140. You can receive your GC very soon.

    I filed I485 based on pending I140 with PD Jun 2004 and this is still pending. My other I180 that is approved has PD March 2008. Agent also told me that I should forget about I140 and PD. I485 cannot in Final stage if I140 is not clear. He told you should not worry about PD also because I485 cannot be in final review stage if there is PD issue.

    My I485 is in EB2 category and currently USCIS is processing the cases with PD 2005 or less.
    Can some please explain me that what does the Final Review stage means? Is that mean I will get GC pretty soon even my I140 and PD combination is not approved/ current.

    Thanks.




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  • fromnaija
    08-25 01:29 PM
    Sorry, my bad. I didn't check the forum area I was in. Yes you are right, people can ask the lawyers any immigration-related question.




    afordham
    07-09 01:37 PM
    I'm possibly in the same situation - if the company I work for gets bought and the company name changes does this complicate the process? I would hold the same job, title and everything else? This is a real possibility we already made 1/3 of the workforce redundant last week..

    Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?

    What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??




    veni001
    07-14 05:34 PM
    I believe if employer move to next door i don't think DOL will ask yoru employer to refile, but if your employer move to a different city/town even in the same county, YES he need to start the process all over again.
    :(
    What is the acceptable distance?. My office moved to a place near by my old office location to save rental expenses. Does that mean that I have to start all over again? this is insane. :confused:



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