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  • andycool
    04-18 04:55 PM
    Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).

    My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?

    Or will it be just another H-1B renewal process following my previous two terms?

    Do I need to wait for another two terms of H-1B to expire before starting the greencard process?

    Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?

    Thanks,
    E

    1) Yes you can come back fter 2 years and apply for a new H1B , you will get a new H1 for 6 years .

    Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?

    YES , YES , YES ...if you can get this done that will be the best option...
    file a GC application and apply for Consulare proces ,

    Thanks




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  • rpat1968
    09-23 05:03 PM
    MY PD - July 8 2004, RD July 2 2007 NSC. I-485 - Pending USCIS's mistaken with EB Classification. (came to know of this after opening 3 SR's and 3 Infopass appointments).

    My Attorney wrote to USCIS last week about the problem with my I-485 (USCIS mistakenly put me as EB3 instead of EB2). I want to know experience of memebers / Attorneys who have writen to USCIS for any reason(s) (USCIS Mistakes, Eb3->EB2 porting, Etc) and goten response and how long did it take for getting the reponse. Any Hard LUDs/Soft LUD's after sending letter etc.

    Please share you experience.

    Thanks in Advance.




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  • snathan
    02-09 02:48 PM
    well if there's a way for you to get your approved labor certification doc, or even the copy of the filed labor application; then definitely get it.

    The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.

    good luck.

    Read it properly before you jump. When there is no I-485 filed, where is the AC21 coming into the picture.




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  • Pinkie7
    03-14 06:42 PM
    I have I129 document (Petition for Nonimmigrant worker) which was valid from 10/01/07 to 09/24/2010. However i never used it. As My husband is working in US on H1b visa, i am now looking for job in US. Can you please let me know if this I129 can be used or not. I would highly appreciate early response.


    Thanks



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  • keshtwo
    06-14 08:04 PM
    [QUOTE=xyz]From the report:

    Employment-Based (EB) Green Card Applications
    (Annual Report pp. 32-37)
    In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.


    Anyone know if each application means 100,000 - 150,000 families meaning 250,000 - 375,000 visa numbers OR 100,000 - 150,000 visa numbers?




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  • scorion
    05-20 10:47 AM
    Hi,

    I have a questions and recommendation request.

    Question first:

    -> I am currently on H1 B
    -> I have filled my 485 and have EAD with priority date Nov 17, 2006
    -> I am planning to change job now.
    -> Question is; should I file for H1 Xfer or just take my chances with EAD?

    The request is for an immigration attorney that can help my new employer file H1 Xfer and AC-21.

    Thanks for help in advance
    --Scorion



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  • pappu
    09-11 06:58 PM
    /\/\/




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  • fromnaija
    12-12 09:09 PM
    I am not an attorney but seeing as noone has answered your question here is my answer.

    Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.

    An attorney may answer now and correct me if I am wrong.



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  • arc
    03-15 07:06 PM
    Thanks!




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  • pointlesswait
    09-30 02:05 AM
    ;-)

    Since USCIS is done with all I-485 cases, should they not allow filing of I-485 when PD is not current? Or at least they should allow filing I-485 for the people who's I-140 is approved and PD is not current.

    Should IV core take this up as next high priority admin fix item with USCIS?



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  • ns521
    03-09 06:34 AM
    another website...more headache..




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  • naveenarjun
    07-17 10:34 AM
    does the employment letter have to be exactly in the same format as described in 'filing your 485 on your own thread' or can it be a simple letter stating the job title, salary, responsibilities etc?........is it ok to file 485 on my own eventhough the rest of the process was handled by attorney?.......for any immigration matters my company just forwards me to their lawyer.......and there is chance the lawyer might get pissed off if I file 485 on my own.......any ideas?

    It can be in any format as long as it lists your title and duties exactly as it is stated in your labor certification.



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  • beautifulMind
    05-04 10:53 AM
    I had the same problem with my PERM. my last name had an extra letter in the end at one place but was fine at the other place. My perm was approved without any issues.

    At I-140 stage my lawyer made a note of this to USCIS and now my I-140 was also approved without any issues.

    I am pretty sure your audit is not related to that because they have no way to to know your real name! at the labor stage




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  • gc_chahiye
    07-22 12:08 PM
    does your I-140 have an A#? (the newer ones, issued in the last few months) do. If so, you can try sending the inital-evidence with a note asking them to ti tie to your 485 case, mentioning the A#. If you dont have A# ask your lawyer whats the best way out (name+DOB+??).

    Keep a copy of your tracking number/fedex signature proof of whatever you send.



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  • go_getter007
    12-12 08:15 PM
    Simply going by the voting standpoint, I think between now and 08 elections, politicians will have little incentive do anything about our case (i.e., legal immigration) realistically. I'm not sure whether we represent a % of voter population that's high enough for them to place our case on their priority list. Moreover, giving us GC now will probably benefit them (in terms of votes) at least after 5.5 years once the GC holders are citizens and hence able to vote.

    Just my thought for what its worth.

    GG_007




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  • kunalmeh
    06-27 03:33 PM
    Yes I have known people done for H1 and H4 both. My friend who was fron MP usually get his H1 from Mumbai. But Last year he got his H1 stamped from Delhi just because he wants to go to Honeymoon there. Hope this helps.

    oh great help man... also visa link says tht you have to sublit documents to the nearest application center... so tht means .. she can take appointment in Delhi but submit docs in Mumbai ?



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  • bpratap
    09-10 02:05 AM
    How do U know if FBI Name check is complete or not ?





    PD - EB3 - Oct 2001
    486 - RD 06/05
    1st FP - 07/13/2005
    1st SR - 08/04/2006 - Shame Background check pending responce
    Transfer to V to T on 03/15/07
    2nd FP - 05/08/07
    2nd SR - 06/28/2007 - Shame Background check pending responce
    FBI NC Cleared - 10/09/2007




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  • pappu
    07-18 02:18 PM
    =======================

    Message from IV for BEC victims

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:
    http://immigrationvoice.org/forum/showthread.php?t=6084
    http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
    =========================




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  • Blog Feeds
    03-24 09:40 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    The primary question among immigrants, immigrant advocates, and anyone else interested in immigration reform is whether the president and congress will attempt to address comprehensive immigration reform this year. As reported in the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immig_12nat.ART.State.Edition1.c062d6.html), President Obama says he is still committed to reform, Here are excerpts from the article:

    President Barack Obama on Thursday assured frustrated supporters of a promised overhaul of U.S. immigration laws that he remains committed to fixing a system he says is broken.

    What remains unclear is whether Congress will send him a bill this year.

    Obama said he told the senators and the advocacy groups that "my commitment to comprehensive immigration reform is unwavering, and that I will continue to be their partner in this important effort."

    The immigration issue is an important one for Obama, who has promised to work to solve problems. Hispanics voted heavily for Obama in the 2008 presidential election, making the difference in key states like Florida, and their votes will be critical in the November midterm elections. Latino voters who don't think progress is being made on the issue may not go to the polls.

    After meeting for more than an hour with Obama, immigration advocates told reporters they want Schumer and Graham to at least release their blueprint before a planned March 21 demonstration at the Capitol, with a bill introduced in the Senate soon after.









    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/obama-still-committed-to-immigration-reform.php)




    mita
    11-14 03:24 PM
    I don't think it is another stimulus package, it is only for the ones who did not claim or were not eligible or became eligible this year.




    chrisclick
    04-10 01:13 PM
    lol :P



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