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  • desi3933
    03-18 09:06 AM
    What are the rules for getting a new 3 X 2 year H1.
    Person leaves US while on the 5th year in November 07.
    applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
    However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
    Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?

    You can get -
    1. a year extension to recapture the time spent abroad
    2. New/Extend H-1B for 3 year, but will be subject to cap
    3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
    4. can get new/extension H-1B for 1 year without cap, if I-140 is pending


    ___________________
    Not a legal advice.





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  • snathan
    02-23 06:59 PM
    I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.

    Please advice if I should refile with education evaluation from anothe agency.

    Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.

    They are not disputing your B.E but your PGDM...





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  • eagle123
    05-04 03:06 PM
    Any Suggestion? Please advice, also if this is not the correct place to post, please re-direct me.





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  • ameryki
    07-22 01:17 PM
    I believe she can continue to work if she files H1 extension and has a receipt notice. But if you are pursueing the EAD angle you will need an EAD card in hand physically to go that route. In a way its good that your employer is supporting the EAD efforts but that also takes longer because of documents and information exchanges with the attorney etc. Hope this helps



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  • msadiqali
    01-04 10:32 PM
    My Case:
    Company A applied for GC citing future employment.
    Got the EAD.
    Currently I am in the pay roll of Company B(sister concern of A) in H1.
    What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?





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  • vinabath
    03-17 04:30 PM
    1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
    2. you accept it and ask your employer to start the GC process.
    3. your employer applies for Labor Certification for the proffered position.
    4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140



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  • skmurthy
    05-27 09:38 PM
    Hi All,

    Please help me to take proper decision.

    I am working in US on H1B visa and my employer is ready to file for my GC in EB2.

    Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:

    Please note I am unmarried

    1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.

    2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.

    Would appreciate your help and suggessions.

    Thanks,
    Sam





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  • kumarc123
    08-26 10:11 AM
    Hi All,

    I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

    I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
    Help is greatly appreciated.

    I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.



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  • GCHPLC
    10-19 12:45 PM
    Initially we applied for Labor in July 2001. Waited for 3.5 years to get approval. USCIS processed applications recieved in April 2001 for more than three years!! In January 2005 we finally got our Labor certification. In April 2005 we applied for I-140 and I-485 at the same time. I-140 was approved on July 2005. I-485 still pending due to the name check not complieted for primary applicant.
    The same question over and over again, for how long will we wait more?





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  • yabadaba
    06-30 03:05 PM
    250 words in the body of the thread. It can't be one liners.

    That will explain why and what A thread is for. Otherwise, members will be scatching their heads and will show no further interest.
    factory man i tried to be as detailed as possible. please give me ur suggestion and i ll change it accordingly



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  • thesparky007
    05-02 08:09 PM
    haha lol!





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  • waitin_toolong
    07-03 05:38 PM
    his GC is approved, before he leaves the country take an infopass appointment and get I551 stamp on his passport for him to be able to reenter the country. if he will be out of the country for more than 6 months he might need a reentry permit as well.

    the card will come when it will.



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  • vban2007
    09-17 01:53 PM
    The case will be sent back to USCIS and they will decide the further action or you can tranfer you H1b to other employers





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  • [uber]
    04-09 03:52 AM
    yea i though so too... but i wanted to convey the parody in the stamp itself... this is why ya3 does the mac art :P


    I don't care if it gets added or not... ya3... i give you the torch... yo make a better one to get put up... i'll go make a FF stamp... THAT i know how do do....



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  • reddy_h
    01-28 08:11 PM
    I think you can apply for reinstatement from within U.S. Check with the International Students Office at your school.





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  • Openarms
    03-24 02:10 PM
    Well they may created it new but the content is old and system needs to be fixed.



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  • gcformeornot
    08-08 09:25 AM
    When USCIS will clear July 2nd load. RD generation will move faster till July17.

    Since most of the Company filers(not self or desi filers) did not file for their employees.

    This is including my company





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  • poise2000
    07-30 01:11 PM
    an local govenment gave me an offer but the salary is lower than prevailing wage around that area shown in the DOL. Would it be a big problem for H1b application next year? It is impossible to increase the salary because the working location is not rich in that area.


    I heard that I can hire some survey company to get a lower salary survey for the specific location which can be used to apply H1b, is it correct? Thanks

    Should I accept this offer? I have searched jobs for 6 months and only have this offer. Thanks for your suggestion.





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  • snathan
    09-15 04:07 PM
    I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.

    Thanks in advance for any answer.

    You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140





    ravise
    08-13 12:42 PM
    a2p is ability to pay





    drirshad
    01-25 04:42 PM
    For EAD eFiling you do not need any docs check the website below they will send a Biometric & photo appointment at local ASC, cool ........


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD



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