vinoddas
01-10 05:58 PM
This is pretty confusing to me as to what I am can and cannot do with an EAD/AP combination. Right now I am on an H1-B visa. What are the major differences from getting a green card, other than the fact that if the green card is rejected for some reason, I would have to leave the country For example, on EAD/AP, can I:
1. Quit my current job and sit at home, and do nothing?
2. Start a company?
3. Go to Full time MBA school?
4. Go to part time MBA school with my current job?
5. Switch jobs as many times as I want using AC21?
-Vinod
1. Quit my current job and sit at home, and do nothing?
2. Start a company?
3. Go to Full time MBA school?
4. Go to part time MBA school with my current job?
5. Switch jobs as many times as I want using AC21?
-Vinod
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vban2007
04-22 04:35 PM
H4-H1-EAD-AP
Hi All,
Would request any answers or any practical experiences in regards to my queries:
My wife and my infant daughter originally came to the US in 2004 on H4 and my wife got her H1-B also in 2004.
In Oct 2007 I and my wife got our EAD (The GC processing is through my company). Also since our arrival to the US in 2004 we did not go to India . But we are planning to go this summer.
My queries: We are planning to use AP to enter US
*
What will be my status once I come back from India. Can I maintain H1B Status without going for stamping since I changed my company. to enter US
*
My wife has no H1-B stamp on her passport (since she came on h4). Can she come back on H1B, without going for stamping? Or is it advisable to go for stamping of her H1 and come on H1-B?
*
My daughter has H4 visa based on my H1-B, can she come on H4?
Appreciate your response.
Hi All,
Would request any answers or any practical experiences in regards to my queries:
My wife and my infant daughter originally came to the US in 2004 on H4 and my wife got her H1-B also in 2004.
In Oct 2007 I and my wife got our EAD (The GC processing is through my company). Also since our arrival to the US in 2004 we did not go to India . But we are planning to go this summer.
My queries: We are planning to use AP to enter US
*
What will be my status once I come back from India. Can I maintain H1B Status without going for stamping since I changed my company. to enter US
*
My wife has no H1-B stamp on her passport (since she came on h4). Can she come back on H1B, without going for stamping? Or is it advisable to go for stamping of her H1 and come on H1-B?
*
My daughter has H4 visa based on my H1-B, can she come on H4?
Appreciate your response.
imbond707
02-05 02:44 PM
vvijaybabu:
You can't check PERM status online. But you can get 'PERM Disclosure Data' in Access or TXT format form the following URL:
FLCDataCenter.com (http://www.flcdatacenter.com/CasePerm.aspx)
You can search for all cases approved for your employer in this database or text file.
Hope this helps. Good Luck!!
You can't check PERM status online. But you can get 'PERM Disclosure Data' in Access or TXT format form the following URL:
FLCDataCenter.com (http://www.flcdatacenter.com/CasePerm.aspx)
You can search for all cases approved for your employer in this database or text file.
Hope this helps. Good Luck!!
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prasadn
05-03 03:58 PM
Recently my company got acquired by another company. Co A had filed for my LC, and was approved in Feb 09, and my i140 was filed in EB3 in Sept 09. Co B wants to keep me, and I will continue the same job. My H1 has also been transferred to Co B. My question is:
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
more...
eb3retro
10-01 04:29 PM
Wrong forum iuiukk..This forum is only for LEGAL employment based immigration issues. You will not find a single soul here in IV that will help you or give advice to you to do anything illegal. We are law abiding professionals and so you are looking for advice in the wrong forum.
I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband�s citizenship application has been pending for the past 10 months, it is in internal security check , so don't know how long it will take to clear.
What are the consequences if I over stay on my B1 visa for about 150 days, during which I apply for my I-130 and then go back to my home country and go for the consulor processing. Is this can be done? I got different opinions so confused. Would it impact my consular interview?
The hope is my husband�s citizenship would be approved before that and I might never have to leave the US.
Thanks in advance.
I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband�s citizenship application has been pending for the past 10 months, it is in internal security check , so don't know how long it will take to clear.
What are the consequences if I over stay on my B1 visa for about 150 days, during which I apply for my I-130 and then go back to my home country and go for the consulor processing. Is this can be done? I got different opinions so confused. Would it impact my consular interview?
The hope is my husband�s citizenship would be approved before that and I might never have to leave the US.
Thanks in advance.
Blog Feeds
03-03 11:40 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
When the Senate advanced the job-creation bill last week, employers were given the signal that hiring tax incentives are on the horizon. Perhaps in a nod to the Administration's No. 1 priority of creating jobs for unemployed Americans, the USCIS has just announced a forum on the EB-5 immigrant investor program. In the last year, and as recently as December 2009 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60a RCRD), the USCIS issued updated guidance on I-526 and I-829 filings (http://www.uscis.gov/files/nativedocuments/eb5_17jun09.pdf) so that USCIS adjudications could make decisions with clarity and consistency, allowing investors to make job creation through the EB-5 program a reality soon as possible. These are all indications that this is the time for foreign investors to again bring private enterprise to our great nation.
The upcoming USCIS EB-5 forum is only open to attorneys representing these so-called "million dollar investors." Fong & Chun attorneys will be in attendance and ready to present concerns facing our clients as well as potential issues for those investors considering the EB-5 program.
It is true that the EB-5 investors greencard process is often called "hypertechnical," and has in the past been plagued by administrative delay and inconsistent treatment. But I believe that the view of recent USCIS' actions, the agency is acknowledging just how critical the EB-5 investors program is to our nation's economic recovery. For each EB-5 investment, 10 full-time jobs must be created, and that means 10 more working Americans. Call Fong & Chun, LLP if you would like to discuss how you can start investing in America. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/03/job-creation-options-for-forei.html)
When the Senate advanced the job-creation bill last week, employers were given the signal that hiring tax incentives are on the horizon. Perhaps in a nod to the Administration's No. 1 priority of creating jobs for unemployed Americans, the USCIS has just announced a forum on the EB-5 immigrant investor program. In the last year, and as recently as December 2009 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60a RCRD), the USCIS issued updated guidance on I-526 and I-829 filings (http://www.uscis.gov/files/nativedocuments/eb5_17jun09.pdf) so that USCIS adjudications could make decisions with clarity and consistency, allowing investors to make job creation through the EB-5 program a reality soon as possible. These are all indications that this is the time for foreign investors to again bring private enterprise to our great nation.
The upcoming USCIS EB-5 forum is only open to attorneys representing these so-called "million dollar investors." Fong & Chun attorneys will be in attendance and ready to present concerns facing our clients as well as potential issues for those investors considering the EB-5 program.
It is true that the EB-5 investors greencard process is often called "hypertechnical," and has in the past been plagued by administrative delay and inconsistent treatment. But I believe that the view of recent USCIS' actions, the agency is acknowledging just how critical the EB-5 investors program is to our nation's economic recovery. For each EB-5 investment, 10 full-time jobs must be created, and that means 10 more working Americans. Call Fong & Chun, LLP if you would like to discuss how you can start investing in America. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/03/job-creation-options-for-forei.html)
more...
MYGC2008
01-29 05:03 PM
You are travelling at the end of June, that means nearly 5 months from now
Here are my opinion
1) Since you are extending your H1B right now, Why can't yoy apply for premium processing?
2) Mean while Apply for EAD also. You will get in 90 days
3) For AP you can take infopass or call Customer Service -- Normally AP gets approved in 30 days. Check other threads also where others have used infopass to Expedite the case
Here are my opinion
1) Since you are extending your H1B right now, Why can't yoy apply for premium processing?
2) Mean while Apply for EAD also. You will get in 90 days
3) For AP you can take infopass or call Customer Service -- Normally AP gets approved in 30 days. Check other threads also where others have used infopass to Expedite the case
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perm2gc
12-24 06:12 PM
What are those little green squares that show up with our names when we post something?? When you hover over them you see a ToolTip message.
Are they supposed to tell us if we've been Naughty or Nice this year? :cool:
They represent reputation points.Everyone will have one at starting.As people start to add you the reputation points..The green squares will increase.Sometimes they depend on number of posts you posted in the forum.
Are they supposed to tell us if we've been Naughty or Nice this year? :cool:
They represent reputation points.Everyone will have one at starting.As people start to add you the reputation points..The green squares will increase.Sometimes they depend on number of posts you posted in the forum.
more...
amsgc
06-16 11:07 AM
Better give them both there is no harm, because they are gonna check the validity period on them.
But u can ask a attroney, that was my opinion.
Hi,
I am trying to understand the I-485 process and unfortunately don't have a lawyer to ask questions.
Can someone please explain why copies of the passport (showing biographical data) are required? Which form asks for them - I did not find anything in I-485. That form only asks for a copy of the visa, if issued within the last year.
Thank you.
Ams
But u can ask a attroney, that was my opinion.
Hi,
I am trying to understand the I-485 process and unfortunately don't have a lawyer to ask questions.
Can someone please explain why copies of the passport (showing biographical data) are required? Which form asks for them - I did not find anything in I-485. That form only asks for a copy of the visa, if issued within the last year.
Thank you.
Ams
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krishna_brc
12-18 02:41 PM
Can PERM Labor be filed by an employer for a dependent who is in AOS?
Dependent has EAD and working.
Thanks,
Krishna
Dependent has EAD and working.
Thanks,
Krishna
more...
senk1s
09-12 09:10 PM
LUD = somebody 'looked' at your case for something ...
On the positive side it means that the app is not lost
On the positive side it means that the app is not lost
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jim79
09-01 09:43 AM
Yes , I did extension for H4 to avoid out of status. But that will automatically override her approved H1 to h4.(The latest one is valid). But when ever she is ready to work, (in her case she is pregnant and planning to work from next year only) her employer has to change the H4 to h1b(COS). There is premium processing and it would take only 15 days. No need to apply for a fresh H1b.
more...
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Blog Feeds
03-24 09:40 AM
AILA Leadership Has Just Posted the Following:
The Center for American Progress released a report detailing the actual cost of the only solution proposed by anti-immigration restrictionists--Mass Deportation. In "The Costs of Mass Deportation (http://www.americanprogress.org/issues/2010/03/deportation_cost.html),"Marshal Fitz, Gebe Martinez and Madura Wijewardena have put together a realistic appraisal of the costs of the only option other than comprehensive immigration reform. It is not a pretty picture. With costs over 5 years of $285 BILLION dollars (money which most folks understand that we do not have), we are faced with what appears to be an easy choice.
One, bring 12 million people out of the shadow economy and into the light. Allow them to pay taxes. Allow them to drive without fear. Allow them to live with their families. Allow them to generate wealth in the greatest economic engine ever created by man, the U.S. economy. Change our legal immigration system to eliminate outrageous non-immigrant and immigrant visa delays and encourage the immigration to the U.S. of the best and the brightest.
Or, two, deport everyone who had the courage to try to make it in America, even without a visa or status. Keep legal immigration restricted and strangle the economy, innovation, and motivation. Create fear and panic in immigrant communities, both legal and undocumented. Unmotivate immigrant youth to excel in school. Do everything in your power to cause distrust of lawful enforcement authority in immigrant communities.
These are your choices Congress. These are your choices Mr. President. Which will you have the courage to pursue and change?
https://blogger.googleusercontent.com/tracker/186823568153827945-5480778243706963683?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/03/deporting-them-all-costly-ineffective.html)
The Center for American Progress released a report detailing the actual cost of the only solution proposed by anti-immigration restrictionists--Mass Deportation. In "The Costs of Mass Deportation (http://www.americanprogress.org/issues/2010/03/deportation_cost.html),"Marshal Fitz, Gebe Martinez and Madura Wijewardena have put together a realistic appraisal of the costs of the only option other than comprehensive immigration reform. It is not a pretty picture. With costs over 5 years of $285 BILLION dollars (money which most folks understand that we do not have), we are faced with what appears to be an easy choice.
One, bring 12 million people out of the shadow economy and into the light. Allow them to pay taxes. Allow them to drive without fear. Allow them to live with their families. Allow them to generate wealth in the greatest economic engine ever created by man, the U.S. economy. Change our legal immigration system to eliminate outrageous non-immigrant and immigrant visa delays and encourage the immigration to the U.S. of the best and the brightest.
Or, two, deport everyone who had the courage to try to make it in America, even without a visa or status. Keep legal immigration restricted and strangle the economy, innovation, and motivation. Create fear and panic in immigrant communities, both legal and undocumented. Unmotivate immigrant youth to excel in school. Do everything in your power to cause distrust of lawful enforcement authority in immigrant communities.
These are your choices Congress. These are your choices Mr. President. Which will you have the courage to pursue and change?
https://blogger.googleusercontent.com/tracker/186823568153827945-5480778243706963683?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/03/deporting-them-all-costly-ineffective.html)
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gccovet
06-06 10:43 AM
Hi,
I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
Thank you,
John
Like PMAT mentioned, I-539 is to be used, and you can do it by yourself, if you'd like. Download the latest form from http://www.uscis.gov/files/form/ (immigration forms).
You will need, I-129, photocopy of your passport, your I-94 (current), Photocopy of Marriage certificate.
HTH
GCCovet
I just got my H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa? are there any inf on the web? can I do that myself?
Thank you,
John
Like PMAT mentioned, I-539 is to be used, and you can do it by yourself, if you'd like. Download the latest form from http://www.uscis.gov/files/form/ (immigration forms).
You will need, I-129, photocopy of your passport, your I-94 (current), Photocopy of Marriage certificate.
HTH
GCCovet
more...
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godspeed
02-16 09:08 PM
ok this is a little unusual, my exp so far has been the checks are almost always cashed within 3-4 days, call cust center or take infopass and follow up, if you have a lawyer then ask him to check on it.
However i am not sure why your application reached VSC.
We have been applying for advance parole document at NSC for the last few years.
This time also we sent our application to NSC on 01/28/2010.
However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.
Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.
I am wondering if USCIS started processing I-131 applications at VSC.
Or our application is mistakenly misclassified and sent to VSC.
Any comments?
However i am not sure why your application reached VSC.
We have been applying for advance parole document at NSC for the last few years.
This time also we sent our application to NSC on 01/28/2010.
However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.
Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.
I am wondering if USCIS started processing I-131 applications at VSC.
Or our application is mistakenly misclassified and sent to VSC.
Any comments?
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dealsnet
07-13 10:45 AM
STATUS:
AOS - ADJUSTMENT OF STATUS.
Filed for GC (permanent residence), and waiting for it. (explanation)
I have just signed a contract to buy a new home.
The first step is to be eligible for mortgage.
During an interview with mortgage counsellor, she asked my visa status.
I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
But she did not understand it. She only understands H1 or GreenCard.
I am not on H1 since I changed my employer and it expires this October.
I have also travelled on Advanced parole.
Recent EAD is good until 2010.
Can anyone help?
AOS - ADJUSTMENT OF STATUS.
Filed for GC (permanent residence), and waiting for it. (explanation)
I have just signed a contract to buy a new home.
The first step is to be eligible for mortgage.
During an interview with mortgage counsellor, she asked my visa status.
I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
But she did not understand it. She only understands H1 or GreenCard.
I am not on H1 since I changed my employer and it expires this October.
I have also travelled on Advanced parole.
Recent EAD is good until 2010.
Can anyone help?
more...
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Blog Feeds
09-10 07:50 PM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico. As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes. Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.
For existing employees, there is no need to re-verify the employment authorization of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal Contractors subject to the Federal Acquisition Regulation E-Verify clause may continue to accept all Puerto Rican birth certificates prior to October 1, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable. Federal Contractors may not ask for the newer version during I-9 reverification of those individuals who previously presented the older version of the Puerto Rican birth certificates.
The USCIS memo can be found here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=45e3285ca77fa210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/25g-Wwo_N40
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/25g-Wwo_N40/)
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miyp
06-12 11:38 AM
I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
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mohan517
11-09 04:38 PM
Hi,
My wife came to US on H4 and changed to F1 status thru COS. She is doing Masters 2nd semester and went for F1 visa stamping this week in India. She got 221(g) pink slip asking explain her projects, plans afer study etc. Visa officier withheld her passport and I20.
BTW the way I am on H1B and provided all the financial support documents.
I searched the online didnt any F1 getting 221(g) pink.
1)If anyone else got this for F1 please share your experiences and any tips.
2)How long it takes after repsonding to thier queries
3)what are the chances getting visa after getting 221(g) pink
4) Do you suggest getting any professional in drafting the reponse to te queries.. if so do you know any one in Hyderabad, India
Thanks,
mohan517
My wife came to US on H4 and changed to F1 status thru COS. She is doing Masters 2nd semester and went for F1 visa stamping this week in India. She got 221(g) pink slip asking explain her projects, plans afer study etc. Visa officier withheld her passport and I20.
BTW the way I am on H1B and provided all the financial support documents.
I searched the online didnt any F1 getting 221(g) pink.
1)If anyone else got this for F1 please share your experiences and any tips.
2)How long it takes after repsonding to thier queries
3)what are the chances getting visa after getting 221(g) pink
4) Do you suggest getting any professional in drafting the reponse to te queries.. if so do you know any one in Hyderabad, India
Thanks,
mohan517
baburob2
08-21 09:21 PM
I-94 determines your status in US and visa stamp is a merely used to enter into US .hence make sure your I-94 is stamped till the expiry date of new I-797 otherwise you would get into issues.
sss9i
03-01 12:18 AM
Hi,
My attorney filed for H1B extension.
Unfortunately, by mistake LCA stating dates from 07/31/2007 to 07/30/2010.
but I am only qualify upto 06/30/2010 as per 6 year H1B limit.
Atty, told me that 1-129 going to file upto 06/30/2010.
Is it o.k.
I will appreciate your input!
Thank you
My attorney filed for H1B extension.
Unfortunately, by mistake LCA stating dates from 07/31/2007 to 07/30/2010.
but I am only qualify upto 06/30/2010 as per 6 year H1B limit.
Atty, told me that 1-129 going to file upto 06/30/2010.
Is it o.k.
I will appreciate your input!
Thank you
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