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I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:

1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?

Thanks in advance.

I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..

Thanks for replying... Appreciate it ....

I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.

I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.

Congrats!!!

If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.

Hi, see my other thread at

http://immigrationvoice.org/forum/forum6-non-immigrant-visas/thread783615-tijuana-stamping-on-30th-nov-anyone-new-post.html

Please be careful when travelling to or via Dubai

Click on the link below to see a shocking story of the policies of the UAE government related to carrying medicines when travelling to/via Dubai:

http://travel.timesonline.co.uk/tol/life_and_style/travel/news/article3333905.ece

Also click on the link below to see a list of Banned medicines which if carried by the travellers to/via Dubai may land them in trouble:

I was shocked to find regular over-the-counter medicines as Robotussin, Actified or other Expectorant or decongestant medicines that contain - Guaifenesin and Pseudoephedrine HCl, which are common ingredients in many over-the-counter cold and cough medicines available in the US:.

http://www.moh.gov.ae/moh_site/phar_med/price_list/controlled%20list.pdf

Hi GC gurus,

I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

Please provide me your input asap as i have to decide very soon.

You do sound paranoid.

All Immigraton Officers will not ask the same questions nor react the same way for similar answers.

Hence the reason I was asking for personal experiences. Thanks for your input.

Congratulations!

I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck

My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
He has a sister here - and me and other family members:

He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

He is currently in jail on $25,000 bail:
He appears in court on wednesday - we will ask for a bail reduction:
Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

My questions are:

would he be depostable or would he face any involvement regarding immigration?

If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

Your advice would be greatly appreciated

Dude i think you have WAYYYY overestimated the processing times!!

I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

"Glad to hear.

but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"

Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

"well that's cool then. :-)
glad to hear.


So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
:-)
Just wondering if you'll have any sanity left by the end of that time.
"

friends,

Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?



I485 filled on July 31, 2007

I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.

I think we will move even more now. Looking at how premium processing is not back, and how many approvals have come on , USCIS may not have approved as many visas as they had hoped. instead of having another highly visible wastage of visa numbers dates will move big-time and lots of people with later PDs, but who have simpler cases will get approvals fast.

Folks,

I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(

Hello Gurus,

I have a question about H1 and L1.

Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.

I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.

So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.

Now my questions are:

1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?

Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.

Hello,

I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

Thanks for going through my post.

Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

How come a wife can have another wife...:D if you are not aware the OP is a girl.

You didnt tell which movie cd...?

What is MI phone list?

They are maintaining list of people who called and from where? My friends called from Michigan. So they said they added it to the Mi phone list.

Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.

Thanks in advance for all the replies.

H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.

Damn I am going to be pissed off if he gets a green card before I do.

Pegasus you made my morning. I can't stop laughing at this:D