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  • poojasjain82
    02-04 04:01 PM
    Hi,

    I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

    Currently I am on H4. And there is a gap in employment since March 2009.
    I have got an offer now and employer will take care of my H1.

    I need to know what is the process of H4 to H1 in this case.? Can anybody help me
    How much time does this change of status takes place?
    The H1 now will be valid for how much time?
    Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
    Is it not recommended to move out of the country till status is changed from H4 to H1.

    Please somebody reply. Its urgent!

    Thanks in advance
    Pooja





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  • vin13
    06-24 07:30 PM
    Advance Parole is not a requirement to maintain status. AP is used to get back into the country based on a pending 485. If you have a valid H1/H4 and just want to stay with it and get back on H1/H4 that is totally fine. AP is optional in your case.





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  • jamesingham
    06-12 04:27 PM
    Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

    I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

    The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

    My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

    Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)





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  • Charleh
    11-30 11:04 AM
    Well I'm not sure about datalists but assuming you have edited the object in memory the binding should reflect the edits. If not I usually just write a Requery method which queries the data source again and rebinds the offending control

    You might want to have a look at CSLA - it's a library for maniuplation of business objects supporting parent/child collection heirarchies, error providing, multiple undo levels etc etc - it certainly speeds up creating a business app around here. We usually combine it with CSLAGen which is a template generator based on CodeSmith which generates CSLA objects for you from a database schema - all you need to do is write the sprocs which get/update/delete the data and then it does the rest (you might tweak it a little here and there).

    It's got a bit of a learning curve but once you know what you are doing it's invaluable! That would solve your refresh issues :)



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  • rickys_in
    10-04 06:31 PM
    How soon before the passport expiry can we go for the renewal?

    1 year before the expiry





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  • fasterthanlight�
    05-19 05:49 PM
    Agreed.



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  • tcsonly
    10-02 06:06 PM
    If you have a copy of filled-up I-131, look at question 5 in part 3 in the 2nd page. That will tell you where the AP document will be sent.

    Admins:

    Please close this thread also.





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  • manand24
    10-23 03:21 PM
    I also got an LUD, no idea what it means? May be RFE or Approval or nothing.



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  • starscream
    06-06 10:29 AM
    Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday

    http://www.aila.org/content/default.aspx?docid=22584

    It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa

    This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.

    The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.

    From the aila doc:
    Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements

    Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.

    Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.

    The amendment was agreed to by a vote of 71-22.

    --------------------------------------------------------------------------------





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  • ameryki
    05-28 03:32 PM
    will the lawyer get the renewed ead cards or since you applied for renewal you will receive the cards?



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  • thomachan72
    05-21 01:33 PM
    Hello All,

    My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

    Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

    My questions are:

    1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

    2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

    Please advise.

    How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.





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  • sundeep14
    07-14 04:56 PM
    Thanks for quick responses..my worry is that USCIS should not put my 485 case in storage just thinkin that my 140 is not approved...though i have the approval in hand they have the online status as processin..i wonder how they follow procedure while approvin case...



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  • sweet_jungle
    09-30 12:42 PM
    I don't think that's possible. USCIS wants a physical address where you stay and will not deliver mail to PO box. In fact there is no forwarding of documents sent by USCIS too. They are all returned to USCIS.
    This issue I think originates from the fact that USCIS wants to know where all aliens are physically staying.
    I wanted to have a PO box to avoid any issues with mail theft and my lawyer said its not possible.
    Anything different coming from your lawyer would be welcome.
    Regards.

    Lawyer also has given whatever your lawyer said.
    However, I know of few cases where people received green cards at their po boxes. If you call up custmer service, they will be happy to change the I-485 addresses to po box addresses.





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  • mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company


    Rest should be ok.



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  • achu
    08-06 04:51 PM
    thanks for the information.

    any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?

    regards,
    achu.





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  • gclabor07
    08-25 07:34 PM
    Friends,

    I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.

    My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.

    Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.

    Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?

    Thanks.



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  • belmontboy
    08-10 10:43 PM
    perhaps we should have "Addictive! Beware" warnings in the home page :D

    all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
    My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:





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  • whattodo21
    04-19 10:50 AM
    this is good information, thank you.

    Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)

    "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."

    As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.





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  • leo2606
    12-07 09:52 PM
    I went to Baltimore USCIS FP center.They ask ID at the counter only if you are getting your fingers printed, and this counter is actually tokens issuing counter inside, there was no security or anything at the entrance.I have seen several families with kids.I guess it is going to be the same in other locations.

    My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?





    gc_check
    01-25 11:07 PM
    Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.

    Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.

    What do you think?

    ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.

    Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.

    I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.





    jonty_11
    06-18 04:07 PM
    consult attorney for this..I think you do need all the forms for both u and ur wife...dont take this as legal advise please

    If you are filing yourself..then look at home page for details on how to file w/o attorney.