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  • milind70
    08-25 09:34 AM
    Hi,

    I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.

    1. Who should apply I824? employer or individuals ( in this case myself)?
    2. If employer need to apply, should it be current employer?
    3. how long does it generally take?
    4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
    5. What other documents are required?

    Please help

    Thanks,
    Vikram

    AFAIK old H4 797 is not important. My wife we did not have a 797 when we came here initially, also we had also lost her old H4 797 (but we had photo copies).Her 485 was approved without any RFE





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  • gc28262
    03-15 11:26 PM
    Please see the link.
    http://immigrationvoice.org/forum/blog.php?b=39

    The new job has to be same or similar irrespective of whether you transfer on EAD or H1.





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  • pcs
    07-08 08:46 AM
    We need to expose all these attorneys ( read blood suckers)

    It can be easily done on IV





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  • jamesingham
    06-12 04:27 PM
    Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

    I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

    The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

    My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

    Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)



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  • Raj Iyer
    10-07 05:24 PM
    Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.





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  • rockstart
    10-28 07:03 PM
    I agree with others its much easier to re-send documents than try to talk to USCIS over it.



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  • GC_SUCK
    03-30 09:52 AM
    Guys, have not heard any thing about my I-140 PP.
    I was mailed on 03/23 thru DHL. Is it normal. I was thinking they will approve it in 5-15 days?

    Any one who recently filed concurent?





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  • Ann Ruben
    02-01 09:25 PM
    As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.

    Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)



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  • mbartosik
    03-14 11:28 AM
    service requests taking up to 60 days now and processing times 60 days behind published figures.

    About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.

    The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.

    I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.

    My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.

    She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.

    So summary:
    Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
    Real processing times are about 60+ days behind published (at least for Nebraska).

    Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.





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  • hoolahoous
    02-10 10:54 AM
    some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
    saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)

    -----------------------------------------
    I am not a lawyer. do not take this as a legal advice.



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  • Aah_GC
    06-24 06:16 PM
    Yes you can but at some point it is safer for you to have worked for at least some time with Company A. Please confirm with others.

    Between, you just invoke AC21 automatically under the guidelines - there is nothing to "file" per se, unless you want to send out your new offer letter to USCIS along with other supporting documents.





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  • VMH_GC
    07-22 01:40 PM
    thanks guys. i wished there was any interim EAD to continue work.



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  • mudigondag
    05-19 04:04 PM
    Thank you;
    I am also renewing the EADs but the concern is more on what if the renewals are not approved by 9/2010. Looks like your answer is they are still legal (AOS)





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  • rollercoaster
    03-27 10:52 PM
    Somebody please reply.



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  • baburob2
    02-14 05:47 PM
    hi bestia
    I PMed you back again .could you plz respond.





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  • newbie2020
    06-23 11:53 AM
    I agree , We have a lot of Professionals among us and such activities will certainly help.

    Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate

    Any thoughts



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  • chanduv23
    09-17 02:26 PM
    ^^^^^^^^^^^





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  • chandra140
    07-25 07:34 AM
    I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.

    Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.

    My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
    Do i have any problems at port of entry to us ?.

    Or do i need to go for H1B stamping for Company B.

    please tell me what are my options.any help is greatly appreciated.





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  • GreenCard4US
    09-18 09:32 PM
    I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.





    panky72
    06-24 04:51 PM
    A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

    I can't find the document, but he swears that he read it..

    Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.





    belmontboy
    05-27 05:18 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...

    thanks

    There is a similar thread on this issue.

    http://immigrationvoice.org/forum/showthread.php?t=2204



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