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  • ski_dude12
    05-03 01:21 PM
    All:

    Your advice in this case would be very helpful. Consider the following scenario-

    1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
    2: What happens to my H1 if the I-485 gets denied?

    I guess in short the question is-

    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?





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  • cdeneo
    03-27 12:50 PM
    No real evidence but when I had looked into doing this for my parents this is what I found out -

    You can apply for an extension - but would need to give a valid reason with proof along with a confirmed return air ticket for a later date. Some reasons that get accepted with the correct proof:
    1. More travels planned within the US - provide itinerary with dates and reservations of where the travels are planned for. And a confirmed return ticket to India later on.
    2. Medical - maybe a letter from the doctor may suffice but they would need to still have good explaination and this may not fly for a 6 month extension.
    3. Marriage of a family member in the US with wedding invitation and a confirmed return ticket to India after the wedding has occured.
    4. Any other valid reason with proof...

    I had consulted an immigration attorney and he said that he could prep the paperwork for me - the form itself is very simple, you need to attach an explaination for why you are asking for an extension and this needs to be done properly.

    Another thing the attorney told me was - USCIS had become more stringent than before on giving the extensions (not sure how stringent though as he said that one could get an extension with the right documentation provided). Also one needs to provide proof of funds to support your parents while they will be here - you can provide your bank statements, pay slips, etc for them...

    Also the attorney had mentioned that if they did grant an extension one time - most likely they would not do this again in the future (once in a life time thing sort of deal). Best bet is to go back and save your extension for a later time when you would utmost need it.

    Traveling out of the country and returning in one month used to happen a lot in past years - officers at POE have become more strict and may see that you were just here for 6 months and are back this quickly. The officer at POE would ask you the reason for a visit this quickly and may grant you a one month or a three month stay - completely in the hands of the officer at the POE (you may still get six months but it's all luck at this point).

    Good luck with whatever you decide to do.

    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks





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  • ArkBird
    11-01 03:41 AM
    They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".





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  • Nikith77
    03-12 03:55 PM
    Just Relax, And Enjoy the ride.



    more...


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  • Glee Season 2 Volume 1 2010



  • looneytunezez
    05-19 01:51 PM
    bump ^^^^





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  • a_yaja
    01-16 09:27 AM
    Hi,

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.
    Niru

    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.



    more...


    Glee Album Cover Volume 2. Glee: Season 2 Volume 1 Image
  • Glee: Season 2 Volume 1 Image



  • Misha79
    04-01 10:05 AM
    Hi all
    Thanks for your suggestions.

    First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.

    Lockers is a great idea ,i dinnt know about it.

    Because of all the distances from delhi to native places and time shortage i have to do this.


    So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.





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  • tonyHK12
    12-09 11:32 AM
    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.



    Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens



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  • animals, Glee



  • vinaypuri
    03-01 05:28 PM
    You should be able too. I am in a same spot as you. I am loosing hope on American GC.





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  • paskal
    01-22 06:22 PM
    rock!



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    Glee Album Cover Volume 2. Glee Cast - The Music of
  • Glee Cast - The Music of



  • JazzByTheBay
    09-05 10:43 PM
    all the best jazz..

    Thanks!

    I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.

    As expected, I was asked to go to secondary inspection.
    Handed them the passport, I-94 and AP.

    (Saw others handing over wads of paperwork... )

    Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.

    I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)

    jazz





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  • cagedcactus
    11-09 09:17 AM
    this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
    Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
    I paid a few laywers their time, and went to talk with them.
    They suggested an appeal with explanation, and proper supporting documents.
    Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...



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  • zephyrr
    07-26 12:40 PM
    didn't know he is chair of the india caucus..

    i'm in dfw, have written to cornyn and kay bailey (congresswoman) several times.

    cornyn is part of the reason cir failed, he represents the very conservative republicans first (and came up with hundreds of amendments to cause a kinda of filibuster) and foremost and skil and other bills come second. skil failed again when it was brought up recently in the senate... so cornyn is pro legal immigration overall - might help with procedural issues, but i don't expect too much from him because he comes from a very conservative state.





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  • rajenk
    04-27 01:24 PM
    Sorry to hear that. That was really sad. Any ways past is past. Do the following.

    1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)

    2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.

    your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.

    Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.

    On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.

    PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.

    Good luck. Don't lose your heart, you should be back on track in no time.

    Cheers
    Raj



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  • Glee: The Music, Volume 1 is a



  • rajeshalex
    09-25 02:07 PM
    try work from home jobs. Since you have filed 485 there wont be any out of status issue. If your 140 is approved and EAD is valid you can work full time /part time or sit without any work.





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  • deba
    10-27 10:36 AM
    Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.

    Deb
    Contrib $900 so far
    EB2 India PD 03/05
    I140 09/07
    I485 07/07



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  • lacrossegc
    07-30 07:34 PM
    USCIS admits to AILA that the forms effective date is wrong ....
    http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html





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  • whiteStallion
    03-03 05:48 PM
    There should not be more than 1 pay period delay after you leave your job to get your settlement cheque. This has nothing to do with him not getting paid from the client etc. According to H1B law, you(employee) need to get paid every month(by the employer), period. Client does not comes in the picture.
    You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.

    Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm

    Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
    US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)





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  • VivekAhuja
    02-04 04:15 PM
    Inviting parents to the USA and getting their visa is not dependent on what your immigration status is in the US. As long as you can support them (job/salary) and you are legally present in the USA, you can invite them. Getting the Visa is entirely dependent on the interview. No amount of supporting paper work will help if the interviewer determines (for whatever reason) that they will become public charge in the USA (even health wise) or that they will not leave back to the home country.





    mzdial
    February 26th, 2004, 10:24 PM
    Rob,

    I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:

    My photosig page (http://www.photosig.com/go/users/userphotos?id=38138)

    I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.

    -- Matt


    If every member critiques 5 photos a week, in no time, all photos will have comments.

    I don't know about you, but I love comments, good or bad about my photos...

    many help me to focus efforts and make better images...

    Thoughts??





    nashim
    05-12 09:19 AM
    gangadhargs ,
    Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
    I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.



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