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vicks_don

07-31 03:21 PM

As far as i know. Once you work on EAD your visa status is lost and u need to get Advance Parole for re entry. But how would this be notified to INS is something i am not sure. But its safer to get AP if EAD has been used for work.
I heard some cases where if for some reason EAD cannot be renewed you can come back to h4 status.

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espoir

07-27 04:10 PM

They would have to leave US and re-enter on H-4 visa to be on H4

If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?

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immi_grant

06-25 05:14 PM

Thank you both for your insight !!
I will discuss this with my attorney ASAP.

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sdrblr

09-24 09:09 PM

I won't be surprised if they pull a quick July 07 or something on those lines to collect more money for filing and renewal of EAD/ AP

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nmdial

08-04 11:02 AM

am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies

thanks in advance:)

I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.

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indio0617

12-07 09:56 AM

Hi,

I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

If I change the employer, will I be subject to H-1 B visa quota restriction?

I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

I would appreciate your advice very much.

Thank you always.


You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.

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imh1b

05-19 09:35 AM

Is there a transcript available somewhere. What was the outcome of this. Can someone explain the process?

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kumar1305

01-26 07:33 PM

Instead of all this country caps, applying for GC and waiting, why don't they get a rule like European countries? In UK, netherlands and Denmark it is very simple. All you have to do is prove that you made more money (ofcouse taxes count) than the stipulated amount by the government. Pay the taxes for 4 or 5 years and take the GC(Permanent Resident). Simple no lawyer no crap. Country benefits we benefit. I lived in UK for more than 3 years and I would have become a citizen by now. But never wanted to be in UK, it was only a stop over. I always loved America, don't know why? Do you think it is because of Hollywood? I'm kidding. But still I love this country. Hope things will change some day. If not my daughter will sponsor me when she turns 21.

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amsgc

06-16 01:22 AM

http://www.murthy.com/chatlogs/ch051407_P.html


Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.

Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.

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jatinr

08-17 10:12 PM

And you will there with your friend...//wink.. correct.

USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.

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pkv

04-13 05:37 PM

So did you answer the RFE ? ....

Off course I did.. It was simple RFE for TB test. I just got it done and replied. Didn't take Attorney's help on this.

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lazycis

02-13 01:02 PM

"Amnesty to LEGAL immigrants!"

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hebron

06-21 12:23 PM

suggestions? ^^^^^^^

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rabs

04-12 06:30 AM

I paper filed Last week and I wrote the receipt date of previous EAD.

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srgadi

07-20 08:02 PM

Hi All,
Is having paystubs absolutely essential or will w2's suffice ?

As far as I know paystubs are not part of the required documents for AOS, tax returns are.

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fall2004us

09-14 03:58 PM

looks interesting....

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samuel5028

04-18 02:56 AM

Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.

Thnaks

It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.

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vgayalu

01-24 11:42 AM

Dinosys,
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.

Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.


Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]

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xela

06-18 07:55 AM

I never saw a change from the April 30th LUD and got the CPO yesterday.

So dont get too concerend if after the receipt notice LUDs you do not see any movement, seems like it goes straight from that to CPO!

Good luck for everyone who is still waiting! :)

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arunmohan

11-19 03:42 PM

job A designation is Software engineer
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.

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roseball

08-03 07:49 PM

If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......

Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....

Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck

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