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Topic: current approval dates
Hi,
any idea which month cases are getting approved now,is there any improvement on the backlog ,if people post there priority dates and approval date then it will be helpfull.seems like things are still pretty slow in dol.
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i think still august month applications are in process, we see things are slow since last week on trackitt... it might be because people who ever has applied might not register in trackitt... we cannot really go by this...
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Mine was filed June 8th... Waiting and getting desperate, as my H1 will expire in January!
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There is no trend as far as I know. I see people get it certified in 2 months and some in 4 months with no audits. so I don't know how can you say that they are processing Aug case
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Mine was filed in july ,one of my freind had filed in june ,got his approval in 10 days and then filed 140 and 485 in july ,he has recieved his ead ,finished finger printing and is waiting for 140 approval and card.we work for the same company .I am happy for him but this is crazy.there is no system at all.
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since your H1B is expiring in January what did your lawyer advise you to do?
I filed my LC on Oct 1, and I am waiting too, but my H1B expires in April and this is my 6th year. My lawyer is telling me to go on a student visa for a short period until October 1, 2008 when he can file another H1B extension. I am wondering if this is the best case senario? Any ideas?
I am a citizen of Saint Vincent (caribbean island)
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well, I am in my 9th year of H1B, and I am preparing to leave the country... :-(
I don't think what your attorney says will work...
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so what should I do then with my situation....:(
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From what you typed here about what your attorney said, I'd say:
get a new attorney.
If your H1B expires, you can recapture any time that you left the country, like vacation etc., and get that at the end of your current H1B.
If you I140 is pending for 365 days or is approved before you H1B expires, then you can ask for H1B extensions until you have your green-card.
If your H1B ever expires, you need to wait one full year until you can apply for a new H1B, which will be subject to the H1B-cap again.
I am not a lawyer, but what your attorney told you is wrong, and for your immigration, you do not want a bad attorney.
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so the period between april 22, '08 (when H1B expires) and oct 1, '08 (which will be the anniversary after the lc was filed) what should I be doing during that period.
I am waiting 45 days now for LC, no surpirse, but I am wondering what I can do within those dates. Please advice guys.
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I am also in the same boat. My case is just similar to your case. Lc applied on October 1, 2007. 6th year H1b is expiring on April 30, 2008. Seniors suggested me that go on vacation for three months and come back then recapture vacation before h1 expiry date. My employer will not give three months vacation. If you can get three months vacation this is a good option. Anyway, if you have any alternatives please advice me. Thank you,
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If your H1 expires, you have no other choice than leaving the country (or attempt some fishy and untrue change of status).
You cannot get a new H1 based on an approved or 365-days-pending I140, you can only extend an existing one. Extend means, it is still valid.
However, you can recapture any time you had an H1 Visa that you did not spend in the US.
Examples:
If you got your H1-approval on Jan 2nd 2002, but you did not enter the country until April 2nd 2002, you can recapture those 3 months of 2002.
If you went to Mexico for restamping for a week, you can recapture a week.
If your company sent you to training in Canada for a week, you can recapture a week.
You will need to prove those dates, burden of proof is on the applicant. Immigration accepts entry stamps for arrival in the US, but to proove when you left, you need boarding passes or itineraries and so on.
If you can't do any of that, get advice from a good attorney. From what you have said so far, you attorney is a common attorney, that means he will take your money and make promises how things will work.
The real issue that most lawyers and employers were surprised by the very flaky processing times in Atlanta as well as by the indefinite suspension of the Premium Processing for I140s by Immigration. That's why some will not tell you the bare facts.
Keep in mind that if your H1B really expires, your employer has to cover the cost of your transportation back, that would be at least the flight for you and all relatives that came with you on H4s sponsored by the employer.
Good luck!
I am not an attorney, nor do I have any legal or paralegal accreditation.
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