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  • chanduv23
    07-08 06:10 PM
    I am in New York, if any other New York members want to register, we can do it on the July 14th NYC drive.





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  • rb_248
    02-11 03:36 PM
    Scan and send the docs, if your parents have access to email and a printer. See if anybody is traveling to Chennai from San Jose. Send the docs along with them.

    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!





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  • redelite
    08-27 05:18 PM
    haha, good to know I'm not the only one.. and Thanks guys! :D





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  • thomachan72
    01-13 05:20 AM
    Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.



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  • dixie
    07-18 06:28 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.

    No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?





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  • lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!



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  • newbie2020
    04-07 03:02 PM
    Send it by mail back to USCIS....





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  • perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????



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  • nihar
    11-23 08:07 PM
    The issue is that i had applied for my h1 status this year and im completing my mba this year , as i thought i would be able to complete get a job . But alas now all im in is a soup . im about to complete my mba and be eligible for my cpt at the same time i have a dilema about my h1 approved or not . the query is dated the same day as the approval letter . now wat shud i do . i want to get a job and also guide me as to how should i apply for my jobs and also what should i do





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  • wandmaker
    12-11 07:46 AM
    Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

    Go IVans Go!



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  • santa123
    09-05 10:51 PM
    How about getting your face changed. That will probably be easier and faster than ask USCIS to fix it mistake. What a great organization!

    LOL!!!





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  • 99mutd08
    08-11 03:11 PM
    Ghost,

    Loved the video and your message.



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  • gc007
    01-05 10:23 PM
    I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.

    With the recent changes of de-coupling H1 & H4.......

    My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?

    Appreciate any responses on this. Thanks





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  • cjain
    10-30 05:49 PM
    is it from the receipt date or notice date?



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  • rajpatelemail
    12-09 01:32 AM
    I second that...

    Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.

    If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
    When sush a system is in place, people may not leave filthy comments i guess.
    Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.





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  • Templarian
    08-27 01:47 PM
    I leave it up to one of you guys to make a non-animated :smh: smilie.

    http://kirupa.templarian.com/smh.gif



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  • knowDOL
    08-23 09:37 AM
    good one.

    Just correct the do to don't, you are all right.
    That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!





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  • thamizhan
    07-18 11:33 AM
    Check this out...
    http://www.hindu.com/thehindu/holnus/001200707182165.htm





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  • vxg
    09-10 03:42 PM
    Folks,
    After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...

    Officer: Purpose
    Me: Me approved my wife not
    Officer: cases..
    Me: Presented cases
    Officer: Yes you are approved...your wife is pending
    Me: Oh really that is a revelation....
    Me: Why so?is she preadjudicated?
    Officer: There could be many reasons...no she is not pre-adjudicated...
    Me: What can we do to expedite as she is current
    Officer: Nuthin ....I was loosing my temper now...
    I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
    Officer: gave a vague Monalisa smile...
    Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...

    On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...

    Hope the info helps..

    SoP

    You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.





    gsc999
    09-11 01:32 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --
    Yes you are correct.

    I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.

    Good work USCIS, hopefully this same level of service will be available to other
    steps of legal immigration in near future





    GotGC??
    01-13 12:04 AM
    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"

    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...
    Zbd



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