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  • sankar_203
    09-25 01:35 PM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.

    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..





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  • cucubau
    10-17 03:39 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    Assuming I filed for I-485 before the retrogression mess.

    Thanks!





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  • enthu999
    07-17 06:17 PM
    Fitz,

    Following is some clarification that I got from my Lawyer..

    1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

    a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.


    2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

    a) An I-485 can't be abandoned simply because you left the USA

    3) Once we file 485 do we need to wait for the receipt before traveling abroad?

    a) No.





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  • devikas81
    09-09 07:08 PM
    Pls. update ur case once you receive any action from USCIS,
    I have similar case like you, pls. email me at vmt0606@yahoo.com,
    Thanking You,



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  • thomachan72
    10-29 03:56 PM
    Hi Folks, I have few questions regarding opening NRE account...

    1. Seems most of the banks offer NRE account for NRIs. In general, which bank is better for opening such an account?:confused:

    2. Do all the banks which offer NRE accounts offer account services irrespective of which branch I open the account at? e.g., if I open an NRE account say in delhi, can I have access to and get service for the account say in bangalore? Or do I have to go to that particular branch where I opened the account? In this regard, which bank is better?

    3. Which bank generally gives better exchange rates?

    4. Any pros or cons in opening the NRE account at one bank vs. the other?

    Thanks for your replies...
    I will only answer # 2, the rest depends upon where you live.
    for #2, I hope they are not yet that flexible and allow people to withdraw funds from any branch. The situation in India is not as secure as you see here. What kind of ID will you show if you want to withdraw from other branch? drivers lisence? I am not sure whether that is very secure yet in India. I would suggest to not even have an online access to your accounts and also insist on personal contact with the manager so he/she is aware of how you manage your account. Always try to do banking at only one branch in India. Not to scare you but it is safer. Hackers are not yet very rampant but if it happens then it will be very difficult to trace lost money.
    I do have NRE/NRO accounts and none of them have online access. However the manager regularly sends me a statement in text format via email. Also for NRO accounts they issue statements which can be used for filing the income tax in India (make sure you do that). The manage asked whether I need online access and I declined.
    If you need higher interest rates on your deposit open a NRO (fixed deposit) account. Your interest (after taxation) is fully repatriable to the US but the principal amount cannot be repatriated. The is useful if you want to do a long term deposit instead of real estate / share markets etc.





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  • veni001
    10-09 08:34 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.

    Rest should have been consumed-by CP and 245(i)(follow to join):D



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  • fide_champ
    03-04 05:30 PM
    I would say this is the best time to get education. Learn something, as soon as you have work permit, that will pay you back heavily.

    I thought he/she was asking ways to earn money?





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  • willigetagc
    08-09 05:51 PM
    then why is'nt NSC approving 2006 cases at the rate at which TSC is?
    Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.

    Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
    All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D



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  • nixone
    07-30 05:02 PM
    I applied on April 17th and got it approved on May 30th.

    EB2 or EB3? Master's degree or BS + 5 years?





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  • kmk2002
    09-27 01:11 PM
    Never recvd my FP notice. I took lawyer's copy (original) and FP was scheduled the same time/location as my wife. Our kid was not happy being there (crying) so they did our FP's on a priority.



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  • Kitiara
    04-28 02:40 PM
    I wasn't copying you, Soul. Honest. :)

    Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)





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  • irukandji
    04-04 11:34 AM
    Yes I filed my 485.
    Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
    Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
    What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?



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  • eb3retro
    03-16 01:49 PM
    Hello Everyone,

    I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.

    Please advise.
    Thank you.


    how abt u update ur profile first.





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  • shana04
    01-09 12:00 AM
    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???

    One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.

    There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).

    One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.

    After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)

    To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.

    Good luck.



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  • GCBy3000
    07-16 12:43 PM
    When did you file your 485? Why dont you update your singnature with your information? Thanks.

    My PD is Sept 2005, EB2-NIW.





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  • smaram1
    08-12 07:57 AM
    Thanks for the reply (myvoice123 and anilvt)...that gives some hope...i am seeing conflicting comments/replies from IO's on applying 180 day rule...needless to say i am stuck in NC..



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  • lost_in_migration
    06-09 01:38 PM
    We can't expect every article to be a mouthpiece for our issues

    The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"

    http://news.bbc.co.uk/2/hi/business/8086392.stm





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  • Devils_Advocate
    03-20 05:29 PM
    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    This actually clears alot of doubts people had regarding the whole extension/COS question.





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  • GCBy3000
    07-18 04:46 PM
    This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





    psaxena
    01-25 08:13 AM
    Hope you do realize now that EAD doesn't get you anything but just the extended stay. Join together with and become a donor and actively participate in the advocacy efforts. No one else here will help you.
    Hope you and others in the similar situation understands sooner than later.





    rpat1968
    09-20 12:14 AM
    I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.

    My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.