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  • shx
    09-28 01:03 AM
    Eb2





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  • FUNTIMES
    04-15 02:22 PM
    Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.





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  • h1bq
    02-08 12:37 AM
    Hi there,
    In my research I came across L1 visas. I am aware of the qualifications required for L1A. My question is does this visa usually get a Green card in 6 months or so ? Somebody told me these are current and the GC process is less than 6 months ?

    Anyone with personal experience or knowledge do elaborate

    Cheers
    H1BQ





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  • srkamath
    07-18 05:18 PM
    such mistakes are not uncommon, i have seen instances in the past where they will accept corrections if you write a letter with a clear explanation. A note of caution when i called USCIS in the past to inquire about sending corrections, they cautioned me to wait until i have a receipt, they said, otherwise the stuff may get lost in mail and will be un-traceable.
    Don't worry too much - it is usually correctable.



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  • bp333
    09-25 01:46 PM
    Thanks BMS1.





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  • waitin_toolong
    08-14 06:17 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez

    It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.



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  • jest_1
    08-12 11:04 AM
    What about a scenario like this.. If you had some gaps (less than 180 days), but left and re-entered and then filed your I-485. Would it still be an issue or does 245k cover this scenario ?





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  • ski_dude12
    05-04 02:51 PM
    So is it safe to assume that the extended H1B will not get invalidated even though the basis of extension was approved I-140 + pending I-485 and later the I-485 got denied.

    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.



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  • sbmallik
    05-04 10:59 AM
    Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

    Really appreciate all the answers!!

    You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.

    An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.





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  • waitin_toolong
    11-19 09:36 AM
    as long as the I-797 is current the expired stamp does not matter but do send a copy of it.

    You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.

    But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.

    As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.

    For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.



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  • ras
    07-12 07:29 PM
    :confused::confused:

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    :confused:

    I guess u could interfile with the first 140





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  • i4u
    11-11 10:51 AM
    Yes! Lou Dobbs is back in FOX Business Network
    Lou Dobbs Joining Fox Business Network (http://www.huffingtonpost.com/2010/11/10/lou-dobbs-joining-fox-business-network_n_781630.html)



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  • abracadabra
    07-06 11:50 AM
    Asked seven so far. There are live discussions till 2 pm today. I am going as any number of times cheers





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  • pappu
    02-13 03:32 PM
    Congratulations. Could you update your profile please.



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  • gemini23
    11-19 09:21 AM
    Thanks Wandmaker,

    my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?

    gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee





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  • spicy_guy
    08-05 01:54 PM
    I think he should consider awarding citizenship to LONG waiting GC applicants. :D



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  • horus
    10-25 10:17 AM
    The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).

    If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.





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  • nashim
    05-30 03:30 PM
    Don�t worry, they will send you receipt notice within few days. I efiled on 05/19/08, receipt was generated on same day from TSC and I received on 05/23/08.





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  • Lasantha
    02-20 11:20 AM
    Can you do that even if the earlier I-140 is from another employer?

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.





    shrayus
    07-13 08:09 PM
    :)





    sathyaraj
    11-05 03:24 PM
    Yes. It is very hard to pass especially for the ones who are looking to use AC21. This feels the longest 180 days of my life. It is good to see this thread so to hear some consolation that there are ppl with us.

    Hope January comes soon!!

    I am sure 2008 will be bright for most of us!!