Monday, July 4, 2011

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  • digital2k
    08-01 09:22 PM
    *




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  • ashres11
    09-25 11:24 AM
    Fax letter and his office called me and following with USCIS.




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  • INSpector
    08-18 06:44 AM
    MIne was updated 2 days later, be patient




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  • sounakc
    07-29 10:51 AM
    thanks for the info



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  • jatinr
    08-07 08:14 PM
    :confused:My company has filed my I-485 and not EAD/AP on July 20th.

    I want to file EAD/AP on my own using old forms and old fees before August 17th.

    I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.

    Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.

    Does the filing with Fedex option is for people who have filed after July 17th?




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  • yagw
    12-07 07:35 AM
    Hello,
    I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?

    Thank you very much.

    In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.

    In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).

    Other than that, you should be fine...

    BTW, dont forget to file AR-11 within 10 days of your change of address.



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  • bayarea07
    04-08 06:33 PM
    Can we have more people jump in and add their 2 cents.




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  • rujulm
    11-03 01:26 PM
    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.



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  • eb3_nepa
    02-06 12:03 PM
    Excellent words Ragz,

    However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.

    There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.

    Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.




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  • CRAZYMONK
    05-20 09:23 AM
    GC is for future employment. So if your current employer have no problems you can just transfer your H1B to your client and start working for the client. Later when your PD is current you can add your wife.



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  • ssdtm
    11-20 11:00 AM
    - If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)

    AND

    - Also maintain the current H1 (I will continue part time work here to get minimum wage)
    - Will continue my GC process with this co


    I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.




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  • saravanaraj.sathya
    08-02 02:26 PM
    Is there any good news for DB Visa in that bill?



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  • getgc2008
    03-18 02:03 PM
    I am planning to use AC21 and notify USCIS about it. I have the labor job title, code and salary. The salary applied was in hourly rate of $46. So at the new permanent job, I have it as annual salary.

    So how much would $46 be in annual salary or should I just have an hourly rate on my experience letter from my new employer.




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  • HRPRO
    01-24 03:59 PM
    If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.

    If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)



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  • immigal
    08-12 09:55 PM
    I just checked the copy sent to me from my law office. It says I-485 pending for the current status. I got the EAD renewed without any problem.

    I saw somewhere that you can alos write AOS pending.

    Hope this helps.

    Thank you for taking the time to reply.
    Actually I am e-filing, so the option for me are PAR:PAROLEE. DO not see any 'AOS pending' status.
    1. Did you also enter on H1b and then switched using EAD?
    2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?

    Thanks again..




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  • amitk81
    09-05 06:34 AM
    I never paid, cancelled my appointment before paying.

    Was going to pay them just 2-3 days before the actual appointment.

    Got it stamped in Mumbai, absolutely no hassel.



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  • Anders �stberg
    May 19th, 2004, 02:00 PM
    I've been thoroughly unsuccessful trying to guess what they want to see. Not that any of the chosen finalists have been bad, I've just wondered how some entries could have been left out. The criteria seem a bit mysterious or arbitrary, so... I'll just shoot something/anything for fun, and if it suits the jury - cool. :)




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  • dpp
    01-27 08:41 AM
    yes, in general as per law, you have to file tax returns to both states.

    But most of the desi-employers try to use same state that they used first part of year and continue with that till end of year. But in the next year, they start with new state. This happens all the time with most of the desi-employers. There is no problem. You are not skipping any taxes, it is your employer's responsibility. If your employer says, he is working here and paying state taxes, then thats it, nobody can't say/argue anything.


    :confused:

    It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.

    But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?

    Any help will be greatly appreciated




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  • Blog Feeds
    12-05 09:20 PM
    Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).

    When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.


    The Service Center previously stated:

    Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:

    By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.

    Please email me with any questions regarding the above referenced info.




    More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)




    ChainReaction
    02-19 07:31 AM
    Hi,

    I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.

    My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?

    Any suggestion will be appreciated.




    ivgclive
    04-20 03:48 PM
    My emp. filed H1 ext in Jan 2011 and got RFE.

    My (existing) H1 extension is expiring on 25th March... which is just less than a week away.
    and my employer may submit RFE documents in First week of May...

    What would be my legal status during this period?

    My H1 extension was filed with regular processing, Is it advice able to upgrade it to premium while or before submitting the RFE docs?

    Please advice.

    Thx....

    You are perfectly OK.

    Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.

    Premium? If $1300 is not a matter for you yes.

    RFE response & Premimum are two different channels now in your case, they will be updated separately.

    Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received. But it is worth. You will get a decision (with RFE response on its way) within a month.



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  • gc_chahiye
    10-11 10:49 AM
    H1 processing for 2nd time : First 6 yrs on H1 over!

    My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.

    Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?

    Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?

    When will I be able to enter the US : after Nov.2008 or Oct.2009.

    Any inputs in this regard will be highly appreciated. Thanks in advance.

    AFAIK eligible to apply in April 2008 and can enter in Nov 2008.
    Since you are spending one year outside the US, and you are very keen to come back here see if you cna work for an employer that has a US office. That way come November 2008 even if you dont get an H1 (if there is a lottery again and by chance you miss out) you could still have the option to return on L1. Just a thought.




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  • smuggymba
    10-06 12:00 AM
    LOL. never heard of this. I guess it's still on.




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  • msadiqali
    01-04 10:32 PM
    My Case:
    Company A applied for GC citing future employment.
    Got the EAD.
    Currently I am in the pay roll of Company B(sister concern of A) in H1.
    What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?




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  • GC Struggle
    04-09 09:23 AM
    NSC is going very tough on A2P issues. I have had a A2P issues on my 140 with Nebraska. Suggest you hire a good attorney and you can resolve this in your favour. PM me if you need any additional information.



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  • eilsoe
    10-20 07:31 PM
    Added a new SG.

    The left is less bright to dim the whole thing down a bit...




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  • bestia
    02-14 05:01 PM
    My CPA is in Orange County (LA area). I'm pretty happy with him. I can provide his contact info if anybody will PM me.



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  • ramus
    05-14 08:30 AM
    How much money would anybody able to spend for this kind of law-suit?




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  • moonrah
    09-23 03:39 PM
    Another question on the form:

    In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?



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  • Leo07
    06-08 08:12 PM
    Hello There,

    The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)

    I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.

    In this scenario:
    a. Do I have to go through the entire GC process again with new company?
    b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
    c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
    d. Should I stay with my current employer?

    Please all your suggestions are welcome.


    Best Regards,
    Leo07




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  • akr_roy
    09-21 11:13 AM
    I received the receipts and FP notice. Waiting for EAD/AP.

    PD: OCT2006 TSC
    RD: 24th July 2007 TSC
    ND: 12th Sep 2007 TSC



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  • WeShallOvercome
    10-30 01:36 PM
    Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?

    For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.

    I got the same status yesterday. No email. I guess it is approval.




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  • moonrah
    07-25 03:09 PM
    Hi All,

    My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?

    Thanks



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  • awi_ok
    02-19 09:10 AM
    Dear experts,

    Please comment and/or suggest.

    Thanks,

    T.




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  • bigboy007
    07-28 10:54 PM
    Everyone wants to get to news... There are many options BUT h1 or L1 i have seen IT companies doing those when H1 are dried out...

    but Phaneesh is "he" ( the one quoted in the article not Shiela) anyways chill out... :)

    BTW Murthy is not he.



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  • a_to_z_gc
    09-27 12:53 AM
    I don't think you read his question- He/She wanted to know if the FP can be done in an American Consulate General in India if he gets his FP notice while he/she is in India.

    Does anyone know of this situation and if any consulate in India can do the FP?


    If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.




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  • dan19
    10-04 11:19 PM
    You can do it anywhere. I got my F1-H1 change of status stamping from Canada.


    For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?

    I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!

    Thanks
    Roshni



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  • pibeeneri
    12-20 05:38 PM
    Thanks... I have the information..but is not completed....I mean they show us a simple and a basic information but not the specific details..so I just have to wait again for the lettler..the lettler was Sep. 13, 2006. and expired Dec. 6, 2006. I was trying to find the receipt of the 1-140 cause I submit in May 25, 2006 so when called I spoke by the phone with USCIS I was frozen when they told me about the lettler of Sep. 13,(they send us) cause I didn't know... well I have to wait... USCIS have right now this report because the employer never receipt this lettler (none)... the thing is, if they want to approve this application I-140 we hope they will, cause I send again all the documents as the beggining I-140 ETA 750 & attachments, lettler of the employer and the last four taxes of the company..I will see the results... I have faith, and I believe they will fixed..thanks for your support..
    God bless you..




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  • gcisadawg
    03-11 06:52 PM
    lol




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  • CRAZYMONK
    09-23 04:02 PM
    Hi,
    I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
    Thanks!

    What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?

    Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.

    Though you want to teach ESL, as you are still teaching some thing, it should be good.




    hoolahoous
    08-24 02:06 AM
    sfo counsulate charges a fee for endorsement. I recently travelled to India and carried old passport + new passport and PIO card without endoresement. no issues.
    endoresment is needed only if you don't carry your old passport, but I guess you already know that carrying old passport is more beneficial than not carrying it.




    wandmaker
    01-14 02:58 PM
    Good Afternoon:
    Quick question.
    I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
    Any one that all ready this step pls advised.
    -Do I need to fill out a Labor form again or just I-129 to USIC ???
    Thanks for any info.

    Your company has to obtain Labor Condition Application for H-1B & H-1B1 Non immigrants (LCA Form ETA-9035E) and File I-129 along with the supporting documents.



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  • dog123
    01-11 03:50 PM
    Hi,

    My Priority date is May 02 2007.

    I file 485 and 140 in August.

    My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

    Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

    Thank you,
    Rashesh




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  • qwerty14
    01-20 01:00 PM
    I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.

    I have a fulltime offer from my client which is a global bank and so i would like to move to them

    My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
    My current employer wont give the copy of approval.



    1. With this Can I apply for I-140 based 3-year transfer?

    2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?




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  • martinvisalaw
    07-03 12:39 PM
    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.




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  • sircaustic
    01-02 08:59 PM
    1.485 Copy
    2.Previous copy of AP
    3.Two Photos
    4.Confirmation copy (If you E-Filed)

    Thanks Sreenivas for taking time to reply!

    I have another cpl. of questions:
    - After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
    - Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"

    Some insight will be much appreciated!Thanks!



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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.




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  • MYGC2008
    01-16 12:02 PM
    Hi,

    Please help me.

    I am in the process of inviting my parents to US. Is one I-134 is sufficient OR Should I send seperate I-134 for each of them?

    Thanks



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  • noida123
    07-29 07:06 PM
    The Original Post said he was contracting for Federal Govt. It is possible to contract with most Depts on H-b, EAD , GC regardless of your immigration status.

    It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.

    Regards




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  • rajenk
    06-15 04:24 PM
    As you have said, try to prepare all documents to prove that your project will be lasting for 3 more years. That should help you getting a 3 year extension.

    Good luck



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  • SBH
    01-10 12:13 PM
    Hi,
    I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
    My passport also has the middle name in it.

    Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.

    Regards
    SBH




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  • shimul99
    10-04 04:20 PM
    my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.

    what is safe for her? does she have any deadline to go back? is it 15 days or a month....

    someone please let me know...thanks ahead



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  • uma001
    04-14 03:04 PM
    I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)

    I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.

    What are my options?

    How many months left for you in fifth year? You need atleast 6 months to join another company so that they can do all the necessary steps in those 6 mnths before they file PERM. Are you trying to transfer to consultancy or full time employer?




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  • inthehole
    07-20 09:08 PM
    Folks,
    Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
    Thanks in advance.
    :D

    Hi Softman,

    I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
    My question to you is are you able to find an attorney to represent you since you changed the job?..



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  • OLDMONK
    07-23 05:53 PM
    My lawyer explicity told "NOT" to flipflop wven without me asking.

    Same here. My lawyer specified NO "flip top". Does it matter, I guess not.




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  • guyinus
    08-30 05:36 PM
    Hi,

    My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
    My query:
    1. Do I have time until 2009 (mar) for filing the Labor?
    2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?

    Thanks in advance



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  • gcsucks
    05-02 08:18 AM
    nozerd, Thanks for your reply.
    Regarding this point

    >> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).

    Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !

    So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?

    Do you know of someone who has done something like this ?




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  • venky321
    03-23 07:19 PM
    I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.

    It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.

    Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.

    Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)



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  • CCC
    04-04 02:39 PM
    Hello,
    I am starting this thread to infuse some life into the now dormant contributions to IV. I noticed in the past few days that we have been stuck @ 70,725. All of the core IV members are busy talking to the Senators regarding the SJC bills in Washington and generally working hard to push for our cause.

    In the meanwhile i feel we as members of this group should again start the push for contributions as we are certain to face an uphill battle in the House.

    So please contribute and ask your co-workers, friends, family to also do so now. This is the least we can do... :D




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  • imconfused
    06-29 08:09 AM
    my i-94 is abt to expire in 7.5 months time... due to passport expiry date, though my H1B is valid for 1+ more year...how soon can i renew my I-94,? I understand i have to renew my passport first in order to get the I-94 renewed.




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  • carbon
    11-01 04:35 PM
    any experts. please help.




    anyluck?
    06-18 12:58 AM
    Hi

    My wife is on H4 visa.She got an offer from Non profit organization and they are ready to do H1B.As it is Non profit Organization is that correct she can start working as soon as H1B is approved.

    Is it possible to Transfer H1b in future to regular company if H1B quota exists.

    Are there any restrictions involved.

    Can any one please shed some light for me.

    Thanks




    neeidd
    07-14 03:31 PM
    Hi Gurus,

    I need some advice from you guys

    My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice

    Thanks
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