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GCHope2011

11-04 11:16 PM

Hi All,

I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?

I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

Please help...

Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).

2. SR to speed up processing might not be of much help

3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have

Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).

Hope it helps.

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guchi472000

11-21 09:02 PM

I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
Another company is offering me job and ready to transfer my H1b.
My Question:-

1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?

2) What if, The new company don't file AC 21?

3) What if the previous employer cancel my I 140.

Let me know what other problem can I face if I transfer my H1b to new employer.:confused:

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ashshef

09-01 02:44 AM

Just tell the first level rep that its been over 90 days. They don't even ask your name...so no bad ramifications. They will transfer you. You can tell the 2'nd level rep the truth. They don't know what you told the 1'st level rep.

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hemya

08-04 08:26 AM

My I-140 was approved July 14th. Online status shows "pending". I was informed about the approval by my manager and lawyer!!

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go2roomshare

02-01 01:04 PM

why this thread is still active? should be closed

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singhsa3

08-22 11:38 AM

Anyone???
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.

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xtronics

03-19 10:33 AM

It is still pending. Already 7 weeks. Any input guys?
Thank you

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nousername

11-03 09:20 PM

WOW, since May 2007.. This is F***E* BS man, sorry to hear about this.

I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.

Good luck.

My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

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giveme_gc

10-17 02:38 PM

I have got federal loan under this same situation. Wondering why you need a private loan ?

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coolfun

01-28 12:43 AM

For EAD eFiling you do not need any docs check the website below they will send a Biometric & photo appointment at local ASC, cool ........


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD

If I paper file for my renewal, will there be a biometric appointment at an ASC?

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gps001

06-30 05:39 PM

Thanks. I thought so too.
Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.

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piyu7444

11-12 12:51 AM

I had not seen the other post and now I got your attention........I will surely mail the letters.

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ita

10-23 11:06 AM

Found this.

http://economictimes.indiatimes.com/India_will_be_top_priority_in_my_presidency_Obama/articleshow/3634113.cms

Thank you.

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gc_kaavaali

07-23 10:28 AM

My 485, 140, previous EAD, AP had LUD yesterday and today too.

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Prashanthi

07-22 05:50 PM

Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension

I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.

So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed

Please reply

Thanks
Abbey

Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.

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dontworry

08-08 12:36 PM

Saw an approval case in . It was transferred to TSC but receipt # starts with WAC***

http://www..com/member/chakrsa/

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chanduv23

07-08 08:08 AM

I signed up with a new Attorney for filing my 485. I sent my documents in the last week of July and until I sent my documents out, she was communicating well saying she will make sure everything is done in time ...... and assured me that her clients are her strength .....

She has not completed the paperwork till now and she closed down all communication channels with me.

On Friday the paralegal called me and told me papers are getting ready soon.

I am confused and don't know how to deal with this situation - I figure out that it is too late to trust any lawyer now.

Though there is no point in submitting on July 2nd anymore, I am just wondering what must be the next course of action?

I am sure they will drag this through end of next week because they seem to cater to corporate clients rather than personal clients and are very unresponsive.

In general - what are folks doing, especially those who did not file yet? Are all your packets with lawyer, ready to file and send?

Please advice

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kondur_007

03-09 06:38 PM

You need to speak to a very good lawyer before doing this.

As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).

Doing so will violet H1B status.

So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.

This is technical law...just so you know.


Good Luck.

PS: I like your idea and I admire your dream.

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h1-b forever

01-27 09:06 AM

I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.

Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.

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kamand

01-04 11:41 PM

Hi,

I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.

Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?

Please share your experience on this. Any advice will be greatly appreciated.

Thanks.

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alex99

10-02 04:20 PM

Hi Friends,
If Forom G-28 is signed while applying for EAD and AP,

who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...


Regards,
Alex

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