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  • fromnaija
    11-09 10:07 PM
    I have 2 H1B Transfer questions for clarification.
    1. Can H1B Transfer be filed when H1B Extension is pending with the current employer?

    Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.

    2. Do i need to have copy of I-140 approval notice for H1B Tranfer? The current employer does not share this document.

    The 140 approval notice is not required unless this is a post six year transfer/extension.

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  • aguy
    03-26 01:20 AM

    My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.

    What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?


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  • rameshk75
    02-28 02:14 PM
    A question from one of my friend.

    ************************************************** *******
    Here are my H1 details.

    Initially I came to USA on H1B in May 2002 and stayed till June end 2004. In early 2004 I had applied for H1B extension and got it extended till Sep 2005. As I went back to India in July 2004 I didn't get a chance to extend my H1B for the second time. Effectively I
    was in USA for just over 2 years on H1B and overall validity of my H1B was over 3 years.

    Last year (2007) July I came to USA on L1A and I have the visa valid till March 2010.
    ************************************************** *******

    Can someone suggest whether he can apply for H1 Transfer and Extension or does he need to apply for new H1B in the 2008 quota?

    Thanks in advance.

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  • seeking_GC
    07-14 07:16 PM
    Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?

    I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.



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  • calboy78
    07-27 03:34 PM
    Note that EAD is not a valid document for re-entry.

    If you have a valid AP - you can re-enter
    If you have a valid H1/H4 AND un-expired visa stamping - you can re-enter

    I had my H1 extension pending and I was able to re-enter using AP (on July 18, 2008 at San Francisco)

    She has the F1 stamped on the passport which is valid until Dec 2009 I think. She is finishing much before that. Does it mean she will not be able to reenter on either F1 visa or the EAD?

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  • eb3_nepa
    01-21 12:30 PM
    Hi guys,

    I know this is Off Topic (OT), but I was wondering if ALL Tax payers including immigrants on H1B will be getting the proposed tax rebates. This had happened in 2001 as well and my citizen co-workers remember getting checks.

    Does anyone who was on an H1B in 2001 remember getting a similar rebate check? I definitely dont remember getting one.


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  • techiemom76
    01-12 11:19 AM

    You can use the remaining period on H1B without being subject to cap

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  • gc_maine2
    08-03 07:22 AM
    I am now applying for AP renewal this week, Thats exactly my conclusions from the instructions. There are lot of experts in the forum, who can give you a right answer.


    I am currently in India.

    My Status:
    AP expires on August 10th 2010. Applied for AP extension since April 30th 2010. My AP extension hasn't arrived yet.

    There is no way I can travel back to US before August 10th. As per what I heard, a newly issued AP cannot be used to reenter the U.S. if it was not valid as of the date of departure form the U.S. IS this correct?



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  • ngarugs
    02-09 08:36 PM
    "Senate leadership is comfortable with a proposal to solve retrogression for Schedule A occupation -- registered nurses and physical therapists. It was through grassroots advocacy that we were able to explain to the Senate leadership just how important this issue is. Thank you to everyone who made an effort.

    We now must turn our efforts toward the House."

    (and goes on with....)

    "Rep. Lofgren (D - CA) : 16th District - San Jose

    Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz

    Rep. Pelosi (D - CA) : 8th District - San Francisco and north

    Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls" (*click HLG ( for details)

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  • snathan
    02-11 12:04 PM

    One of my friends lost his Petition papers. His H1-B visa is about to expire and he wants to file for an extension. Currently he is in India and was planning to travel to US this week, when he lost his petition papers.

    Will it be possible for him to travel to US without his Petition papers and apply for a duplicate / extension?

    Please let me know any help line number where he can call to clarify his doubts.

    Thanks much

    Without paper how you get the entry at POE. So I believe without papers your can not travel


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  • λ
    04-23 05:05 AM
    I :love: the first one :)

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  • India_USA
    09-09 08:15 AM
    Isn't this the same argument one of the members said regarding the 500 visas not allocated to EB3 India last year?


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  • radhagd
    04-11 02:23 PM

    I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

    My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

    yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.

    Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

    According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!


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  • martinvisalaw
    08-03 05:11 PM
    which visa can someone apply for it s/he intends to work as a caterer?is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

    It is unlikely that this would qualify for J-1 status, unless the caterer was coming here as a trainee of some sort. J-1 is for exchange visitors.

    All J-1 visitors must have a �program sponsor.� There are �umbrella sponsor� organizations, e.g. the American Council on International Personnel (American Council on International Personnel ( and the Association for International Practical Training (Welcome to ( You could contact them for specific information.


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  • Blog Feeds
    04-09 09:30 AM
    Immigration Visa Attorney Blog Has Just Posted the Following: our blog of yesterday (, 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.

    In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.

    The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.

    This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf

    More... (

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  • pd_recapturing
    09-11 10:11 AM
    please suggest.


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  • fide_champ
    08-06 10:18 AM

    I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.

    Thanks in Advance.

    - Mani

    Looks like there are companies lined up to recruit you. Could you please publish your CV so that others can copy it?

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  • doshhar
    10-07 03:28 PM
    Please update your case if you have applied on July 2nd at NSC and your case got transferred to TSC later..

    I am in the same situation and last week I got my receipt numbers from TSC. No updates has been seen on my receipt numbers..

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  • naan
    07-16 10:37 AM
    Dear dbar,
    In case you are finding it difficult to post something here. The quick reply icon is next to the quote button located at the bottom right of every message. Initially I had dificulty finding it.

    06-14 01:05 PM
    My lawer is a delay master & I believe one can file himself. Is there any experienced guy here ?

    Do one has to file 485 EAD & AP together or one can file 485 first & can file EAD & AP later on ?

    What are the big NO NO & traps / mistakes one should avoid ??

    This thread can be a big help for new filers...

    Please share your experience


    05-05 09:51 AM

    Since I got electronic refund to my tax rebate and have SSN for all family members, I was expecting Tax refund (stimulus) to be deposited in my bank accoung this week. This was big announcement in the last week.

    But I dont see any rebate deposited in my account?

    Does any of you have received such rebates?

    Is there any contacts numbers where we can approach if we did not received Stimulus rebate al though we filed electronically?


    I did received the money on May 2 nd. The date when you receive your money depends on teh last two didigit of your SSN number. PLease check IRS.Gov there is a link to check your sttaus.

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