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  • rr_immaculate
    08-04 11:58 PM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.





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  • punjabi77
    10-09 11:08 AM
    thanks for your response..

    But i am still not convinced that one can keep both PR as well as GC.

    I am quite sure that there are many people on this forum who must have applied for PR as well as GC and now got their GC.
    Someone please provide some information..





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  • googlegc
    04-07 09:58 AM
    1. YES
    2. NO
    3. YES
    4. NO


    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks





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  • webm
    12-15 08:59 PM
    They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..



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  • add78
    07-15 03:03 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    $30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
    You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.





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  • chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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  • setpit_gc
    08-13 03:39 PM
    485 (EB3) was filed in July 2007 and still working for that company.





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  • starscream
    05-30 11:08 AM
    Here is a general question to all:

    My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?



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  • Sunx_2004
    10-08 04:29 PM
    I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.

    Did your attorney replied back?





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    09-10 04:11 PM
    Most of you know about rear view mirror fuzzy dice cubes
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    Very neat. You know, I am not sure if this will translate into a real fuzzy dice campaign. At the very least, it provides good succinct talking points for us and IV Core to use when explaining what the issues are.



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  • WeShallOvercome
    08-03 12:31 PM
    What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?


    Most common grounds for I-485 denial are:

    1) I-140 denial
    2) Being out of status
    3) Fraud
    4) Not responding to an RFE in a timely manner
    5) Unknowingly abandoning your application.





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  • Jaime
    02-03 04:56 PM
    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
    For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!

    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?



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  • imind
    03-12 03:54 PM
    JUST REQUEST ONLY:

    People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
    Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.

    Thanks for understanding.





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  • joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.

    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    -Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.



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  • wandmaker
    10-26 01:18 PM
    Simple Answer is NO

    *If 140 premium processing reinstated in the near future, at least 3-4 weeks before your H1B expires.


    It is difficult to obatain approved vacation from my employer.
    Apartment from leaving the country and recapturing, are there any alternatives.

    Please advice





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  • ramaonline
    03-17 01:43 PM
    You can submit the claim yourself - Download the claim forms from your insurance co website. Use these HIPAA codes -
    Do a google search for any other codes you need to include.

    Testing / Lab HIV-1 and HIV-2 86703
    Testing / Lab Syphilis test (RPR) 86592
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    Preventive Care Varicella immunization 90716
    Preventive Care TD immunization (Tetanus) 90718



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  • xgoogle
    06-24 08:10 AM
    Posted on both sections.... no response yet... pls help. :confused:





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  • JunRN
    07-18 10:29 AM
    I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.

    I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.





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  • chandra_mb
    03-10 10:01 AM
    Hello,

    My wife is planning to convert from H4 to H1 for dentist.

    1) Does she need a dental license to apply for H1 ?
    She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here

    2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)

    Please help !

    Thanks !!





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