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As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.

hi guys i need some help i send all my paper works lost friday. Is it true tht if tht paper work reaches them before 1st april they wont consider it. Do i have to send all the information again then. Please let me know it will be of great help

Yes it is

If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

If you are here more that 180 days, you are in serious trouble.

In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.

The clear language of the regulation says that you must be in valid H status when leaving in order to return in that status. Unfortunately, this doesn't apply to your wife.

I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.

This depends on if the future project is long term and I switch to H1B just to be safe.

Any ideas would be appreciated...

If USCIS are not giving RN in 90 days. How they will give EAD in 90 days or they will give EAD with RN :) All these are to confuse the congress where we are complaining. :mad:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D

I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.

cheers...
pal :)

For me EB3 PD date doesn't mean anything because EB2 PD is current. I believed you may retain your PD if you got your I-140 approved.


do you know if you can retain your PD from your eb3 application for your new application..

Hello

I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.

NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?

I'd appreciate your help. Thank you

can I recapture the priority date?
NO

PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.

be careful man! don't spread false info before bothering to check twice...!:D

I am tempted to call you retarded, but I won't do that. I know its a slip.

Hi All,

My passport expires in 2 months time. I checked Indian Consulate in Chicago website for passport renewal (Passport and Consular Services (http://chicago.indianconsulate.com/Passpins.html#A). _New_Passport
). It instructs you to fill out an online application at https://passport.gov.in/nri/OnlineRegistration.jsp

What I am confused is in the second field "Service Desired", what do I fill? I do not know which of these two options I should fill (a) Passport for children upto 15 years (b) Fresh Passport (c) Re-issue of passport (d) New passport in lieu of damaged or lost passport. Options (a) and (d) do not apply to me. Should I fill (b) or (c)?

These options are a bit confusing and I could not locate any instructions for this web form. The consulate phone number just keeps on playing a 5 minute generic recording.

Any help is appreciated.

Thanks in advance.

Looks like this post has not been showing on the "new posts"

austingc,

Thank you for the advise.

My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.

To put my question in a different way:

Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?

Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.

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Professional liability E&O insurance for Computer Consultant Firms (http://www.insurepro.net/html/computer_consultant_insurance.asp)

I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

Thank you

Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.

I had an appointment on Feb 13th at Delhi for H1b renewal. It took less than 15 min for both of us. H1b and h4 we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

Hi All,

I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.

PEACE



Also your company should put up ads for the labor about the vacancy. You cannot put ads for yourseld.

hi, i recently filed 485,EAD,AP for my wife and the attorney asked for check of $1010/- that includes unlimited EAD renewals.

Is this really possible ? Please advise.
yes, this is the fee structure from 2007 July
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

Hi,

Here is my current Status :

I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011

My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)

MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?

Please let me know. I do not want to take a wrong step since I am so close to getting my GC.

RS

can be paid by employee....