bradley emmanuel

If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36

Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/

first of all let me thank you very much for your quick inputs

I have a H1B stamp which , as I said, expires march 01/2007 .

The lawyer will fill for extension first week of september .

Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .

During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .

It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you

hye I dunno what all of your opinions are, but I think that pixel stretching and similar effects that are so popular now - can more easily take away from a picture then add to it.... just MHO - seems like people use it 'cuz it is "in"

Peace

what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

Any pointers would be highly appreciated-

thnx
-A

I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

Please share your experiences.

Thanks in advance!

You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

My advise to you is - take both the copies - you will not regret it.

See below

Predierock,

Can you please adivse on the following:

My wife is currently on H4.

She has a H1b approved for 3 years to start working on October 1, 2007.

Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

She has a job and the company would like her join asap.

Questions are:

1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.


2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !

While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)

We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

Please advise folks.

and bump///

^^^^^^^^^^

it is stoop, not stop :)

You know you're getting old when you stop to tie your shoelaces and wonder what else you could do while you're down there.

The PD was current in August 2005 for EB2.

hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer

ask him to fax you the copy of the letter he got from BEC, something is not right here. Show it to another lawyer. Looks like he made a mistake when he filed for your labor.

My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue

If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).

Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?

Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.

My 25,000 AAdvantage miles to IV.

If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......

Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....

Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck

With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.

See page 3 of this document:

http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf


Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.


It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.

I talked to Delta rep and she told we can transfer miles from one account to another account. But there is a big catch. You need to pay about $10.00 for every 1000 miles transfered and $25.00 transaction fee.

Murthy is a she...and I would but I'm not single. ;)
I don't want to start a battle of words here but it would be great if we could refrain from using such language in this forum.

Administrator, please make sure that we maintain the sanctity of the forum.

VDAMINATOR!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Touch�...:smirk:

Guys,

So finally we're out of Senate with a thundorous victory. We have almost all our provisions in place. I want to thank QGA , The Senators & Staffers of several Senators who helped us sailing thru this 'like a charm'.

Thanks