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  • roseball
    05-04 02:19 PM
    I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


    Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?

    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.





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  • karthkc
    05-24 12:38 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate





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  • nousername
    06-01 01:50 PM
    Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.

    You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.

    Thanks once again for your reply.

    I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

    - no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

    Thanks again for your time and advise.





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  • shivarajan
    04-04 03:06 PM
    Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.



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  • ilwaiting
    06-15 03:19 PM
    Thats your A number, Its not the I-94 number. Some people have it some don't. If you have it you need to include it. If you don't it would be assigned once you file you 485

    Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.

    Is this the number which is on my approved I-140 (A099 XXX XXX) ?





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  • new2perm
    05-29 10:03 AM
    Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting

    Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'



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  • rameshraju11
    11-01 06:03 PM
    Hello,

    since your H1b has not been rejected yet , you still can re-file H1b at the same time
    call USCIS and request for additional time for RFE and send RFE documents for the
    original H1B

    tx





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  • shreekhand
    08-03 03:51 PM
    Wow! one usually gets an RFE for these, never heard of a NOID for a TB test not taken. I would suggest take a TB test and if it is positive submit the X-ray as well. I guess you should get your approval soon after.

    TB test are mandatory now for medicals and these are pretty common RFE to get (again never saw an NOID tho!)



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  • saketkapur
    07-06 02:50 PM
    But I did have a valid H1B stamp in my passport at the time of entry......

    You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......

    regards
    Saket





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  • njboy
    05-30 06:49 PM
    the reason she was denied is because she is young



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  • nlssubbu
    12-06 12:01 PM
    I asked my attorney the following question. His reply is in caps:

    Q) Is it true that I can enter US on AP and still retain my H1 if I declare at port of entry that I would like to use my H1? I would like to retain and use my H1.

    A)NO. YOU WOULD ENTER ON THE AP. THEN WHEN THE H-1B IS ABOUT TO EXPIRE, YOU WILL BE ABLE TO APPLY FOR AN H-1B EXTENSION. WHAT SEEMS TO BE A GREY AREA IS THE EXACT STATUS AFTER THE I-94 THAT IS ISSUED BASED ON THE AP EXPIRES, AND BEFORE THE H-1B IS READY TO BE RENEWED. YOU CAN'T TECHNICALLY APPLY FOR AN EXTENSION OF AN H-1B UNLESS IT IS WITHIN 6 MONTHS OF EXPIRING.

    What is the feed back you guys have received from your legal counsels? Please share.

    I was in that status where my I-94 based on AP expired, but my attorney told me not to worry about it as my status is based on 'AOS'. I also had my H1B extended for 3 years after the I-140 approval, and they informed me the I-94 attached with H1B is still valid and not to worry.

    I also had not faced any issue while going out of US and my return as well.

    This is another grey area where attorneys differ and consult with them before hand, analyze the information provided before taking any decision.

    Thanks





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  • ameryki
    08-10 12:33 PM
    I wonder my lawyer asked for a cashier's check or money order :-)



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  • ravi2patel
    07-23 11:29 PM
    Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.

    Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks





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  • sivaramakrishna
    06-17 04:28 PM
    When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.

    When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.



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  • ak_2006
    11-05 08:25 AM
    My collegues & me voted for him...but we need more support for sure.





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  • techbuyer77
    06-20 11:20 AM
    File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)



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  • silk2fire
    10-15 01:51 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(





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  • h1bemployee
    06-25 01:57 PM
    Hi Prasanthi,

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?





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  • pappu
    06-08 10:37 AM
    /\/\/\/

    Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.





    kart2007
    10-21 12:57 PM
    Thank you. So was your application in a Pending status or Approved status when you emailed Ombudsman?

    In my case the application is approved but I haven't received the EAD card yet.





    GotGC??
    01-13 12:04 AM
    You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.

    I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).

    I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.

    Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"

    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...
    Zbd



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