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vxb2004

07-23 06:50 PM

Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.

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thatwillbeit

06-05 10:50 PM

Gurus,

When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.

Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.

Or is it OK to send the photographs and mention the Alien A# .

Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.

Your help is much appreciated.

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ardnahc

08-14 12:30 PM

https://egov.uscis.gov/cris/processTimesDisplay.do

NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007

Cheers,
Ardnahc

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devan

11-13 05:04 PM

Thanks much for all your responses. As per your suggestion, i talked to the lawyer office, they asked me the three affidavits and sent the response today.

Thanks
Devan

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garybanz

01-15 10:30 AM

My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

So what you suggest what should be my bext step.

If there is no signed contract then you have nothing to worry about! Go ahead and do what you would like to.

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noone2day78

07-19 08:58 AM

Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
Hi Pappu,

I joined this forum in beginning of July and really have benefited big time with the wealth of information here...Hats of to you all for all the great work and recent accomplishments.

I have a question, that I haven't yet found an answer to...was wondering if you could help me out here...

If dependant is already on h1b (applied 485 through spouse as primary) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?

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GCOP

07-21 04:01 PM

Really sorry to know your situation. I really hope that attorney on this forum can come up with some idea. In the meantime, check with your attorney. Best of Luck.

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usgc07

02-15 09:23 AM

Hi,
My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.

Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.

or
he might issue the H1B visa because it is a dual intent visa.

So what's the chances of her getting the H1B visa.

Thanks

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desi485

01-08 04:29 PM

Does the cover-letter you included while filing your 485 include your job duties?
thats basically what you need, to make sure your new duties/position are inline with what was decribed in the LC.

We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.

Nothing has been shared with us till I-140 approval.

Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.

I still doubt that USCIS will expect me to have these documents.

Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?

I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???

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tabletpc

06-11 02:00 PM

U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.

Premium Processing Service offers 15 calendar-day processing for designated

read more here...
http://www.uscis.gov/portal/site/uscis

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sravani

05-07 05:44 PM

I lost my passport too and panicked too much. It took a month to get the duplicate passport, you need to provide the police complaint details while applying to the duplicate passport.

I found my lost passport later :rolleyes:

Assume you have a photo copy of your wife's passport. It's very important to provide this while applying for the duplicate passport.

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ss777

10-07 03:05 PM

I too got transfer mails in April 2008. TSC to NSC to TSC. But when I last checked at infopass they said its at NSC. In April 2009, my approved I-140 is also transferred from TSC to NSC. Last month when I checked at infopass, they said 140 is in "Transit".
Dont know how and where it will end up?

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bpratap

02-04 03:36 PM

My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


its the same co. which filed my I-140 & I-485.

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Almond

01-12 05:26 PM

At first I was so pissed when I realized how old this thread is but then I read it and you guys bicker like old women. Hilarious:D

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chantu

09-18 10:13 PM

I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

1) Is it necessary to book tickets in India?

2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

Please reply with your experiences.

Thanks in advance!

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p_kumar

02-07 11:24 AM

All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!

American culture as we know it maybe ending. Social security will not be enough to support the baby boomers and many will end up being a burden on their children. In a way, we always have an option of going back to india but for americans?.

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justareader

10-08 07:33 PM

Well for us EB-3, hope is what we have

bloody bulletin . never moves
I am still short of 16 days.

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goel_ar

12-20 10:28 AM

Everyone knows about Illegal immigration - no one knows about legal immigration.

We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
Working with lawmakers is ok but they don't get asked by their voters to support legal EB immigration first before illegal immigration. Hence lawmakers never feel pressure to support legal EB immigration.
We need to try to go to wider audience instead of targetted audience (lawmakers) - which has been IVs approach for long time.

People need to know us more than indian 'software' techies. They need to understand how we got there, how we contribute to society, maintain status & maintain job without years.

We need to look for support among all people who values skilled workforce...


(I hope IV admins won't kill this thread as they don't like their criticism - like $2 thread- )...

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vkmurthy260

08-28 07:20 AM

Hi ,

My wife's name was wrong in the EAD card we got recently , my attorney doesnt want to fix this , we called USCIS and they have asked to sent a new 765 along with old form having the name right ( jus to proove its not our fault ) and the EAD card . Should we send the supporting documents any similar experiences ??


Thanks

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aadimanav

06-14 11:13 AM

Any one???

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sands_14

10-21 02:39 PM

my wife's ssn is tuck because of no online update of her h1 approval.It still shows Pending & received 4months after approval letter received.
What can i do to expedite the process??
Please advise

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