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  • cgs
    02-08 08:57 AM
    Is there anything like this, if yes can you throw some light on it.
    As far as I know for any L1 to become H1 needs to apply in the new H1 quota.


    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.





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  • dealsnet
    04-02 04:02 PM
    You will not get another 6 months, if you go anywhere in North America.
    You need to go Europe or Asia.
    Extension is no longer allowed. It was allowed 2 years back.
    Only way is to go out to India, or apply extension with USCIS.


    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

    Thanks





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  • cgeek4u
    09-07 08:42 PM
    Based on my experience, employer can't damage your GC process. H1 is like an offer. Its up to you to join that company or not. You can apply for multiple H1b's at the same time. So even if your employer cancel the H1 it should not affect you. But it may be worth confirming with a lawyer if you are worried.

    Hope this helps.





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  • kothuri
    07-27 09:54 AM
    All,

    I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item

    "If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"

    I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.

    Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?

    Please let me know

    Thanks
    -Sri



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  • kkt_tkk
    10-09 01:31 PM
    Hi,

    My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.

    Actually she got her FP and EAD notice receipt number to the same address, but card returned back.

    But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.

    Request:

    Can you please let me know , how to reach customer service representative with options type?.





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  • mihird
    11-17 03:31 PM
    You should check the latest visa bulletin from DOS..so you won't be able to file 140 & 485 concurrently...



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  • sayantan76
    09-24 11:46 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
    Pappu - if you were a politician and were taking some actions to benefit future voters in anticipation of creating a vote bank for coming years - would do something for those future voters who when they become eligible use their rational judgement to vote (and hence could vote either way based on issues relevant at that time) or would you rather do something for a group that will vote as a "block" - and therein lies the rationale





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  • addsf345
    01-13 04:01 PM
    Yes. This is an old case.

    Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

    Thanks!!

    it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!



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  • forgerator
    05-06 08:25 PM
    I would be interested in knowing as well.





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  • mrshah
    11-07 10:16 PM
    our notice date on receipt is Sep 12, 2007....but no FP notice yet!

    How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....



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  • sodh
    07-18 07:56 PM
    Please meet your senator or someone influential.





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  • hersheygaile
    09-09 06:23 PM
    HELP!!!i'm confuse!i entered here in the US as a tourist visa last year oct 2008.my 1-94 lapsed last april 30, 2009 but i'm still here in the US because i have a pending immigrant petition as a nurse and my lawyer said i could stay until 180 days which will end on oct 2009. I was filed as h1b for non profit organization last sept 1 as a dietitian on premium processing. My employer told me to just wait for my notice of receipt and approval in 15 days.My question is that it will be possible for the USCIS to approve me because technically i am now out of status but i do have until October to stay here because of my 180 days. I need some answers to clear up my mind.



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  • casinoroyale
    02-23 11:17 AM
    I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.

    Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?

    Two points that I am not a fan of:

    1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.

    2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.





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  • willwin
    10-01 03:09 PM
    Where did everyone get the 10 days estimate from??

    As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.

    I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.

    EB3 India - well, can hibernate for the next 3-4 years.



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  • edaltsis
    05-06 12:51 AM
    Per the law no matter what:- You need to prove that you have a job and that should be same/similar job that of your Labor. I cant advise you to go with option 3 as it's at your will. I am not sure about option 2 if USCIS will really accept because you are supposed to have a job in hand. Green Card is filed based on Future Employment but it doesn't mean that you can be without job until you get your Green Card.

    I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!





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  • bondgoli007
    11-03 02:23 PM
    Where did you hear this ?
    I believe the Hammond website forum has this message from the Hammond lawyers...



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  • sledge_hammer
    02-26 02:19 PM
    chitra and prashanti1j,

    Both of you have joined this forum very recently. So exercise some patience!

    PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?

    prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!

    Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.

    There is no question like a dumb question. You definitely are dumb for questioning her.

    Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.





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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • shana04
    02-01 10:42 AM
    Friends / Gurus,

    I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.

    I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.

    My situation:

    This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)

    Working for Employer A and he applied for labor, I 140 and he paid for it.
    Then July 2007 came in and applied for 485 with same attorney - I paid for it.

    Now comes AC21,
    changing to employer B using H1B transfer.

    My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)

    Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.

    Your suggestion:
    1. Stack back with old attorney
    2. Stack back with old attorney, unless I get any RFE (hope not)
    3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.

    Please give me your valuable opinion / suggestion. And select your option.

    Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.

    Thanking you in advance.





    prout02
    11-26 01:14 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001





    eb3retro
    12-17 01:36 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced


    for gods sake, pls put proper heading for new threads.



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