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  • desi3933
    07-06 11:53 AM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?

    If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.

    This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.


    ______________________
    Not a legal advice.





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  • dagabaaj
    01-23 11:19 AM
    Finally the dates for I-140 have moved beyond the 8/15/2007 for Texas service center. That is a good sign. We should see some I-140 approvals soon then.





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  • vali
    10-23 11:38 AM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)





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  • amitjoey
    10-23 02:05 PM
    -------------------------------------

    I'm sorry, few details.
    Yes, the lawyer said that he will file to Nebraska.
    One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
    About the fees:
    U.S. Government Fee: I-140- $475.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

    the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?

    PD: Date when you filed your labor. Stays throughout untill 485 is adjudicated.
    Untill you get GC.
    Processing time of 140 is based on when you file it.
    I-140 Should be filed with Lawyers help (My advice) since the intent is to show that the employer has the financial muscle to keep paying you and it is really the employers petition. I-485 is your application to adjust status, and a lot of people have done it on their own without lawyers help.



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  • chanduy9
    07-05 11:25 AM
    Here is the link

    http://immigrationvoice.org/forum/showthread.php?t=6029





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  • styrum
    03-14 02:09 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.

    My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.



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  • nk2006
    05-11 10:13 AM
    As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.

    Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.

    Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.





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  • chanduv23
    03-29 09:47 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP

    The idea is to encourage imigrants to get into this process of "self help". A lot of people do not realise the importance of such efforts and thats whythey try to avoid and always find issues and faults.
    Students/OPT are fresh, young and talented and their energies can be channelized in the most effective manner. it is just the process of trying to inculcate the thought of "right approach" for their careers and future.

    IV has been a platfrom for immigrants, IV has been used as a platform for various issues like drivers license and other variety of issues.



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  • arihant
    05-23 09:17 PM
    Commend your initiative





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  • s_r_e_e
    11-27 01:58 PM
    i think applying I140 is the labor substitution..it is good possibility that the desi consulting is playing games



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  • LookingForGC
    02-01 06:53 PM
    Give all your account access to your wife, then she feels that is secure :)

    You got good options already posted here from some of our buddies.





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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?



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  • TUnlimited
    09-16 12:46 PM
    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.

    No. My wife is H4. Call them and let us know what they said...





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  • dreamworld
    09-12 03:46 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???

    Thanks...



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  • casinoroyale
    01-07 09:11 AM
    I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.





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  • gsc999
    01-18 02:58 PM
    Guys,

    Vote for Change. I know you are feeling left out of the presidential caucuses and primaries. Here is your chance. Vote for change, for Admin fixes, change your quality of life and help American economy at the same time by freeing up pent up Entrepreneurial energy and other decisions e.g. buy a house. Ben Bernanke/ USCIS/ President's office, if you are reading this: Empower this sizable chunk of legal immigrants to help kick-start the American economy.

    I only see one vote and that too mine on the attendance poll above.
    Don't let anyone take your vote and your voice for granted.

    Btw, those snacks are not going to finish themselves and I am watching my weight (New Year resolution). Need your active participation. Sign n Dine!

    Show me your vote (for Sunday event attendance)

    I am gsc999, and I approve this message :)



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  • Joey Foley
    May 16th, 2005, 07:51 PM
    Clean your sensor!

    Yeah, I seen that too.
    :o





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  • nkavjs
    10-18 10:38 PM
    July 2nd Filer.
    RD : Oct 2
    Receipts mailed : Oct 8
    EAD cards : Oct 1oth issued.. recd. Oct 18th
    FP pending
    AP pending





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  • shirish
    02-23 01:21 PM
    Can H4 dependent join college without changing his/her visa status to students visa.

    Also what are the implecations for this on the green card process if one is waiting for the PD to be current.





    gc28262
    01-16 04:48 PM
    If I am going to get a new H1B ,do I still need to invoke AC21?

    Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.





    GCplease
    08-16 02:05 PM
    Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

    But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

    Because of this complaint, Company sent a letter of apology for wrong information.

    My question is , do we really need to pay for this + separate legal fee?

    Sorry my details are incomplete in my first post.


    Please help. Thanks


    It depends on the Company and the Attorney.

    Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)

    Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.

    Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.

    I had to pay the filing fees and legal fees for my wife and kid.

    As I said previously, it depends on whether we are woking for a good financially strong company or not.

    Hope this helps.



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