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  • anyluck?
    09-09 08:16 PM
    Hi

    I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

    1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?

    2) How many weeks will it take under premium processing to get new I94

    3) Do they have to apply only after Oct 1.

    4) Are there any chances of getting rejected at this stage.

    Can any one please suggest.

    Thanks





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  • macrosky
    07-08 07:12 PM
    My H1b application was delivered to USCIS on July 1st. I just find FLC data center has updated new 2008-2009 prevailing wage database which is also effective on July 1st. If based on the previous 2007-2008 database, my salary is above the prevailing wage, but if based on the new one, my salary is a little below that one.
    Which database whill USCIS choose to use on my case?





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  • ivuser9
    09-25 09:34 PM
    we need to wait till we get the letter from USCIS to see what they requested for... it is typically an RFE

    Good luck





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  • mugwump
    01-14 03:00 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.



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  • indyanguy
    07-17 09:16 PM
    My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.

    I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?

    Is it possible that there are more chances of LC substitution denial? If so, what are my options?

    Thanks!

    PS: This is a genuine LC substitution case!





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  • rssb
    09-20 08:48 PM
    A# gets assigned at the I-140 stage. The I-140 should have the A#.

    Not sure about requesting without A# , may be it can be done.



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  • Pagal
    04-06 05:48 AM
    Hello,

    IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.





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  • cilantro
    09-29 02:37 PM
    @zamoo: due to the family emergency, i have already used my FMLA for the current year. thats the reason, i dont see any option. But u are right in suggesting that i should not take any drastic measures. i am still in the process of iscussing my options with my hr dept.
    @rams75: I have also considered the counsular processing option. But in case they ask for a employers letter, i will not be able to provide.
    Thanks for ur time and advice.



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  • mchhokar
    05-15 02:45 PM
    Hi,
    I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.

    Here are facts:
    I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
    We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.

    My company is open and willing to appeal against the decision.

    Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
    -Can appeal process buy me some time and should I start my H1B process simultaneously?
    If yes, is that something which I can do legally.
    -How much time can appeal process buy, is it two months, 4 months, 6 months ??
    - My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.

    I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.

    Regards,
    Manu





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  • Voetsjoeba
    04-09 05:20 AM
    I can't see 'em ?



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  • vinzak
    10-05 09:42 PM
    So a question that's worth pondering. If I am on 485/EAD without H1b, does this mean I have the right to work but not the right to stay in the US?
    The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.

    Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?





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  • prinive
    03-27 05:25 PM
    If he is working as a programmer analyst on H1B visa, he will be drawing more than the required $$$$ to claim the medicare. But why ....



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  • gonecrazyonh4
    05-18 03:30 PM
    I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.





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  • glus
    09-14 02:18 PM
    That is correct. If you are married and over 21, they can't apply unless they are U.S. Citizens. But then, you will be under FB 3rd category which means a very long wait.



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  • rockstart
    10-13 08:42 AM
    You need to consider all possiblities

    1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything

    2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not

    3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.

    I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.





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  • anilsal
    09-06 01:57 AM
    I also request you to send emails directly to these folks. With the rally approaching, I am sure the core is swamped with logistics.



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  • Becks
    02-23 09:40 PM
    Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).





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  • pappu
    02-08 10:27 AM
    Thanks for letting me know. I think paskal is in India now. Anyways we had a very small window of time to seek someone quickly. I have found one member willing to reveal his name and give the interview. The information is forwarded to the reporter. The reporter has to quickly do a story so that should be all for now. In case the reporter needs any more members, I will open this thread. Otherwise the thread will remain closed.
    Thanks everyone.





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  • javadeveloper
    07-27 10:24 PM
    Sodh thanks for your responses





    ChainReaction
    02-19 10:17 AM
    Hi,

    I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.

    My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?

    Any suggestion will be appreciated.


    Is there anyone in this situation please help:)





    mundakamal
    06-13 08:22 PM
    gurus please advise........



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