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  • h1bemployee
    06-22 01:39 AM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?




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  • irrational
    04-01 03:18 PM
    Folks,
    I checked my status online today (4/1/2008) and this is what it says:

    "On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

    I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

    My Situation:

    PD - Feb-2005
    Labor - Approved
    I-140 - Approved

    I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

    I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

    So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

    I am thinking that it might be the FP appointment but I am not sure.


    -Bipin




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  • sk.aggarwal
    06-17 08:45 AM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.




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  • rkat
    08-16 04:10 PM
    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!



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  • svam77
    07-18 11:54 PM
    Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.




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  • chennaigc
    11-21 04:27 PM
    I have one question . What about the I-94 which comes with I-797 ? Can we use this as replacement?



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  • 485Mbe4001
    06-29 03:57 PM
    i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.




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  • xbohdpukc
    03-14 04:27 PM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.

    No



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  • Catherine
    06-27 11:16 PM
    Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.

    I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.

    Fingers crossed...




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  • kumhyd2
    07-22 02:25 PM
    Think before you post. People look into the threads based on the heading and your post which is irrelavant to the original post doesn't make any sense. May be look for the appropriate thread and post in there.

    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.



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  • chanduv23
    09-05 12:58 PM
    Strive is our big chance, let us not lose out on this




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  • hibhagya
    05-08 10:29 AM
    First thing i would try is call Immigration moderators and explain the situation and ask them some notes.
    Try to mixyour story with the notes and present to them.

    second option:
    Try to go through some threads and gain some knowledge about what they will ask and how to make it effective to listeners.

    I guess there is no issues even if they try to find any information about your employer or your self.They are not investiagting on you ,all they are doing is analyze the issues of immigration system.



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  • anilvt
    09-06 12:36 AM
    similar thing happened to my friend when he got his green card ...it had some women picture on it ...he called them and told to return the GC and they attach his picture on it ....

    take it easy change the title to wrong pic on AP ...blunder is very emotional word




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  • gcformeornot
    12-31 01:46 PM
    logged in this time. Can you do few more clicks and vote...... please....



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  • mrsr
    06-19 08:46 PM
    guess u r talking abt varicella vaccine .. this need 30 day gap, we had MMR on one day itself

    The only catch could be on the MMR. MMR needs two vaccinations. The two vaccines nmeed to have a 1 month gap. So if you take one and to medical exam, they will force you take the 2'nd one right there. Ofcourse they don't care about the gap since they want to make money




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  • indiancitizen77
    09-27 09:00 PM
    My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
    Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks



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  • aarbi
    08-01 11:15 PM
    nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)




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  • Cali2006
    07-07 09:59 PM
    Hi,
    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?



    If your position requires a MS + 1 year of experience, you must have had the MS + 1 year of experience when you started the job. If you obtained your MS after you started the job this criteria would not be valid.




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  • nousername
    06-01 01:50 PM
    Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.

    You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.

    Thanks once again for your reply.

    I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

    - no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

    Thanks again for your time and advise.




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    09-09 01:05 PM
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    sodh
    07-24 12:57 AM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi
    Your Lawyer is right if the merger is only asset type and not transfer of shares between your old company and new company your application will be rejected.



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