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  • happydude9
    01-23 12:41 PM
    Hi All,

    I am in a strange situation. I was on H1 and applied for H1 extension, I also applied for F1 and got approved for that. Once I received my F1 approval I told my employer to cancel the processing of H1.

    Now my employer says that the H1 was approved. Now which status I am in is the main problem. Can I find out which status I am in by any means? what happens if my employer cancels the H1 will i be on F1 or is my F1 no more valid? please can someone help me as I need to take a decision immediately.





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  • I_need_GC
    07-24 10:28 AM
    She can use her AP to enter back but if she has the time and can get h1b stamped she is strongly recommended to do so. Reason behind it is if she has any over stay (out of status) in the past it won't be a problem when 485 is being processed.

    In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.

    Hi-

    My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.

    We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.

    Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?





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  • ninigini
    10-20 07:01 PM
    Good evening,

    I am currently in the United States and in the process of changing my Q1 into a F1 visa.

    My contract with the Q1 visa unexpedently ended in June 2009 and the visa was expiring on the 17th of september 2009.
    I sent the file with all the papers to the USCIS before the end of the expiration date and is still in process at this time.
    I heard that i can not exceed the period of 180 days after my last day of work with my Q1 Visa.. Is this true ?
    I was thinking by the time i filed everything before the end of my Q1 visa, i could stay in the United States until the approval or denial of my F1 visa...
    if this is true :
    1. Do I have to wait in France for the answer of the USCIS, or my case will be cancelled and I have to start all oveer again in France ?

    2. If I do not stay more than 180 days, going back to France and coming back for exemple 1 week after to the US with a tourist visa, am I able to change my status to F-1 ?

    3. If i receive an approval answer from USCIS after a few days that I've been back in France, will it be valid ? Can it be sent to me ?

    4. Do I have to get a new I-20 from the university if I am starting the process in France, or the one that I have is still valid ?

    Could you help me please, beause i am confused...:confused:
    Thanking you by advance for your answer





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  • sts_seeker
    09-19 09:48 PM
    I got finally got my GC, thanks a lot for IV and its members for all your help and wish you all the best for your GC endeavor.
    PD-Apr 2004
    Eb-3 ROW
    I 485 --Applied in July 2007
    EAD renewed 3 times.
    Approved __sept 2010

    Thanks



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  • Pinkie7
    03-14 07:29 PM
    Thanks for the quick reply. I was reading that getting approved I129 means you are cap exempt for next 6 years. As the petition for visa was filed in 2007, so according to this cap exemption should be for next 6 years i.e. 2013. Would be really nice if you can clarify this.





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  • iheartindia79
    09-18 02:45 AM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    When should July 2 fillers expect to see EAD and AP approvals ? Somewhere in October ?



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  • sss9i
    03-01 12:18 AM
    Hi,
    My attorney filed for H1B extension.
    Unfortunately, by mistake LCA stating dates from 07/31/2007 to 07/30/2010.
    but I am only qualify upto 06/30/2010 as per 6 year H1B limit.
    Atty, told me that 1-129 going to file upto 06/30/2010.
    Is it o.k.
    I will appreciate your input!
    Thank you





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  • gdhiren
    09-07 11:28 AM
    Let's go folks. This needs to stay on front page at least whole day Today.



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  • maddipati1
    08-17 03:22 AM
    TSC is down and they are using a new system named "CHIMP" to enhance the operations.

    :D

    good one





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  • Sunnytony
    08-07 04:49 PM
    I have a question on the receipt number. If we get the receipt number, does it mean "The application is accepted" (All the supporting documentation and fee are coorect)?

    or

    Are there any cases where receipt numbers is issued though the supporting documentation / fee is not correct?



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  • bzuccaro
    11-08 04:40 PM
    H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.

    To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.

    An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.

    In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.





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  • hsingh82
    02-03 12:06 AM
    Hello,

    My labor got approved couple days ago and my employer would like to file I-140 without using an attorney. I have few questions, it might seem simple to you but I am confused:

    I am a software engineer and labor approved for SOC 15-1032, what should be filled in the nontechnical description of job field? For H1B, my company listed duties of the position on the cover letter for this question, should it be the same way for I-140?

    Anyone has sample template of the cover letter?


    My company has not filed tax returns for the last quarter, will the returns of second last quarter do? I have W-2 which is substantially higher than the proffered wage.
    Since I am earning more than the proffered wage should that be filled under "wages" on I-140 or the offered wage mentioned on perm?


    Thanks and appreciate all replies.



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  • JunRN
    08-19 07:58 PM
    I think TSC is strictly screening all applications so that it will not be burdened by too many cases including incomplete application to be processed. Therefore, in the long run, TSC will be faster in approving or denying cases.





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  • GIDOC
    05-30 10:15 PM
    It is difficult to predict the timeline.
    The house members are not happy with the Senate bill.
    I have read that the conference committee may meet next monday ( all hearsay).

    We can only pray and hope for the best.



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  • loudobbs
    08-02 03:19 PM
    Hi Folks
    My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.

    Its been 2 months now and I am getting worried.
    Anyone who has been in similar circumstances or familiar with this situation pl help. :(





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  • nozerd
    02-08 05:13 PM
    If they are Singapore Passport holders they dont even need visa. Singapore (last I knew atleast) was a visa waiver country.



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  • cellphone
    01-04 06:03 PM
    May be it is worth it or may be not....In www.cnn.com there is a section (on the left hand side) asking what the democrats should do first. (They are basically asking our opinion)

    I wrote down some items that I thought they should discuss, namely, in the area of legal immigration relief for EB categories.

    We probably wont gain anything out of it; at the same time, it doesnt hurt to send them our opinion.

    what say you ????





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  • prouddesi
    10-10 03:00 PM
    San Diegan IV members,

    There is a conference call on Friday, October 12 at 9:30 pm. Details are on the yahoo groups.

    We are looking for your valuable suggestions and help in upcoming IV flyer drive and booth events so please join us in making this happen!

    Please join So Cal State Chapter (via the link in my signature) if you have not done so already.
    Thanks!
    San Diego Coordinators





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  • satyakb
    08-13 03:20 PM
    My experience at IAD was same as explained above (June/06/2010) . .

    I entered in AOS - EB3 - India.

    During secondary session, I was asked lot of questions regarding my existing employer / earlier employer, also there were questions which were related to my 2006 employer too and tax filings of 2006 year too.

    Overall with complete patience, managed to come into the country with approval after 4 hours.





    gc28262
    01-20 12:15 PM
    No wonder democrats lost MA. They will lose more in 2010 if they don't stop their anti-business practices.





    bang
    02-11 07:43 PM
    I have a valid AP approved on Oct 13, 2007. The H1B visa stamped on my passport expired in Mar 2007. I have a valid one year H1B approval till Mar 2008. I do not have the original I797 approval notice but have a scanned copy of it. Now if I have to travel out of country in July and enter back on AP will there be any trouble at the POE with not having the original approval notice of last H1B.
    Any inputs will be appreciated. Thanks

    I came back from India last week, JFK was the Port of entry. All i showed them was the AP and my passport, they did not even ask for any other details. Infact all your details will be in their system which they will verify inside.
    I would not worry about it, but do carry your 485 filing reciept (i was never asked for one).

    Good Luck

    bang



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