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  • WaitingForMyGC
    01-11 11:32 AM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks





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  • gcbikari
    07-14 02:37 PM
    I would say avoid London totally unless you have to collect any euro lottery money enroute to India. Just kidding. Why travel thru the counties that have so many restrictions?
    If you are travelling via London and there is no valid visa on your passport then you need DATV ( Direct airside transit visa ) , it will cost you 83 USD , you can get more info from the below URL.

    Transit (INF 20) (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf20transit)

    https://www.visainfoservices.com/Pages/Welcome.aspx





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  • andy garcia
    12-21 01:20 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.

    To setup a business LLC you do not even need to be in the US





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  • agiyer
    02-06 07:49 PM
    Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?



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  • Green06
    08-22 07:54 PM
    We really need more friends like you. Following link is for Bus voting from MN. Please vote and let us know if you will be intrested to go to the rally by bus.

    http://immigrationvoice.org/forum/showthread.php?t=12599

    Cheers:cool:





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  • rakesh_one
    03-20 03:25 PM
    I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.


    I needed some advice on this situation I've found myself in.

    I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.

    Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.

    I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.

    I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.

    Please help!



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  • EB3_SEP04
    06-30 10:10 AM
    Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).

    Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.





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  • kevnss
    06-05 08:58 PM
    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    -- No.

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    -- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    -- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.


    This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
    Thanks



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  • smmakani
    04-11 07:19 PM
    I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.

    I don't know if you become eligible for 7th year extension.





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  • file485
    12-06 11:16 AM
    Hello ..

    filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..

    guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!

    Any idea when could my case be touched...expecting not until March..

    whole of our life ends up in waiting...!!



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  • sukhyani
    01-27 11:43 PM
    Are you from Rest of the world or India/china?

    Rest of the World.





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  • gsrmurthy
    11-22 12:51 AM
    >I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?

    If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.

    Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.



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  • monkeyman
    09-27 03:36 PM
    It takes 15 minutes at Boston ASC and you are expected to arrive 5 minutes before appointment just so that you can fill up a form. And you can take any copy so long as it has your name , Case # and A# on it. Its a simple process - no sweat!!!





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  • adde72
    07-17 06:05 PM
    Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:


    You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV



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  • knnmbd
    04-28 02:45 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.

    I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.





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  • Nakano
    05-13 05:12 PM
    Hi Ruban,

    I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.



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  • anandrajesh
    03-30 09:32 PM
    No Bro. I told them when i came to US in 2000 the salary was 1/20 or 1/25 of what I can make in US. So US was an attractive option. Now the salaries in India are close to 10 lacs per annum, it turns out to be 1/4 or 1/5 of what i make here. With less taxes, less cost of living and facilities in india good enough i guess i live a happier life in India than here.

    SO i was presenting him my point that moving back to India may turn out to be a wonderful decision than getting stuck here. If every highly qualified immigrant take this decision and leave, US will be at loss. I did manage to convince him that losing us is a bad thing for US economy. That is how he managed to portray my story in a good way.





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  • chris
    08-21 02:49 AM
    My case was transfered to Vermont. (Same reason they gave " Speed up processing :mad: ).


    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?





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  • dan19
    08-22 03:23 PM
    Hello EB2ToEB3

    Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?

    Thanks for your earlier reply.

    Dan

    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.





    shar533
    04-29 02:29 PM
    Yesterday I came back from Vancouver after 4 day visit, using 30 day rule. My visa was expired but I-94 was still valid. CBP officer at Vancouver airport didnt create any problem. He looked at my expired visa on my old passport , my new passport and current I-94 date on I-797. Thats it. He even wandered why my old I-94 was still attached with old passport which no1 bothered to take out while I was going out of USA. So he took out old I-94 from expired passport and put a new I-94 on new passport. Thats all. He didnt bothered to ask my job letter, work details , company name etc.





    tselva
    07-05 08:15 PM
    I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...

    a) Need to record each application that they have received
    b) Need to make sure that there are no concurrent I-140 filings
    c) Need to differentiate the packages received in June and July
    d) Etc
    e) Etc

    What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?

    What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....

    What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?

    Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?



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