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  • masti_Gai
    01-25 08:15 AM
    NOPE:(
    min GC required:eek:





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  • joydiptac
    04-05 01:43 AM
    Know your rights. Don't get scared unnecessarily. You should seek legal advice if you are threatened in any way. If you have not done anything illegal yourself don't be afraid.

    Here are some facts which every H1b should be aware of.
    Got Pay Stubs? Transferring H1B without Pay Stubs | B'Khush (http://bkhush.com/dev/content/got-pay-stubs-transferring-h1b-without-pay-stubs) .

    : J





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  • vselvam
    05-17 03:43 PM
    After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?

    History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
    I can�t use my EAD.

    I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.

    I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B

    Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?

    In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.

    Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.

    Do I require to start again my GC process? Or Can I continue with the same existing filed application?

    I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?

    Any advice is appreciated.

    Thanks





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  • sk2010
    02-04 05:39 PM
    I had entered USA on Advance Parole last year and they didn't ask for EAD.



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  • NELLAIKUMAR
    08-22 02:14 PM
    I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????





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  • hl
    05-01 09:51 PM
    well done... i agree, the second and third are best, but i think the second would be best. the black man in blue world, for some reason feels cliched. i don't know it feels like i've seen it before. although the second logo, is getting pretty boring niraj ;). i've known you for years... it's time for a change. ;). but it's cool anyway :esmirk:



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  • yestogc
    06-08 06:35 PM
    First thing is never give USCIS more than they have asked for.

    Send them a letter stating that your previous attorney made a mistake and you have never applied GC before.
    secondly since incomplete medicals are bound to have another RFE, there is no harm in sending them revised medicals and yes they have to be sealed from USCIS approved doctors.





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  • pappu
    08-09 07:53 AM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.
    you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.



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  • gcnirvana
    02-19 06:17 PM
    Another nail in the H1B Coffin :mad:

    http://www.immigration-law.com/Canada.html

    02/19/2009: H-1B Transfer Alert

    * AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.





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  • Munna Bhai
    01-25 09:51 AM
    Even GC cannot work on security Clearance projects. Only Citizens allowed.

    That is true, but depends on degree of security clearance, if it is less than GC can work.

    But what is the way out for H1bs??



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  • nixstor
    07-12 12:11 PM
    3 bumps in 9 minutes. Boy. you need an answer. Some are reading it as USCIS is considering their decision to reject. Please do not open new threads. there is already another thread with the same topic





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  • flash.stoffer
    08-06 05:37 PM
    Thanks... ;)

    I just used 10 mins or soo... :P



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  • dazed
    11-20 01:28 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.





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  • jackhardy
    02-03 10:37 AM
    After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.

    I would recommend you all do the same.
    Hoping he reads at-least one of our letters and show some mercy + change!

    The address to mail is:
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Thanks!



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  • sanjay02
    05-31 07:27 PM
    Can some one please answer this?


    EAD renewal question
    Hi
    When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?





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  • aniraj
    02-03 02:31 PM
    My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
    My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
    re-enter on AP as she does not have stamp in her passport.
    Gurus could you see any issue since they are travelling together?
    (They are flying not driving)



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  • dohko
    01-11 08:16 PM
    any thoughts?





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  • bobbo0722
    08-06 11:51 AM
    excellent! :hugegrin:





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  • chanduv23
    07-08 08:08 AM
    I signed up with a new Attorney for filing my 485. I sent my documents in the last week of July and until I sent my documents out, she was communicating well saying she will make sure everything is done in time ...... and assured me that her clients are her strength .....

    She has not completed the paperwork till now and she closed down all communication channels with me.

    On Friday the paralegal called me and told me papers are getting ready soon.

    I am confused and don't know how to deal with this situation - I figure out that it is too late to trust any lawyer now.

    Though there is no point in submitting on July 2nd anymore, I am just wondering what must be the next course of action?

    I am sure they will drag this through end of next week because they seem to cater to corporate clients rather than personal clients and are very unresponsive.

    In general - what are folks doing, especially those who did not file yet? Are all your packets with lawyer, ready to file and send?

    Please advice





    Blog Feeds
    01-28 08:30 AM
    WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
    today that it has received a sufficient number of H-1B petitions to
    reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
    the public that yesterday, Jan. 26, 2011, is the final receipt date
    for new H-1B specialty occupation petitions requesting an employment
    start date in FY2011.

    The final receipt date is the date on which USCIS determines that it
    has received enough cap-subject petitions to reach the limit of
    65,000.� Properly filed cases will be considered received on the date
    that USCIS physically receives the petition; not the date that the
    petition was postmarked.� USCIS will reject cap-subject petitions for
    new H-1B specialty occupation workers seeking an employment start date
    in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all
    petitions that are subject to the cap and were received on Jan. 26,
    2011. USCIS will use this process to select petitions needed to meet
    the cap.� USCIS will reject all remaining cap-subject petitions not
    randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
    petitions filed on behalf of persons exempt from the cap under the
    ‘advanced degree’ exemption. USCIS will continue to accept and process
    petitions that are otherwise exempt from the cap.� Pursuant to the
    Immigration and Nationality Act, petitions filed on behalf of current
    H-1B workers who have been counted previously against the cap will not
    be counted towards the congressionally-mandated FY2011 H-1B cap.
    Accordingly, USCIS will continue to accept and process petitions filed
    to:

    extend the amount of time a current H-1B worker may remain in the U.S.;
    change the terms of employment for current H-1B workers;
    allow current H-1B workers to change employers; and
    allow current H-1B workers to work concurrently in a second H-1B position.

    U.S. businesses use the H-1B program to employ foreign workers in
    specialty occupations that require theoretical or technical expertise
    in specialized fields such as scientists, engineers, or computer
    programmers.

    For more information on USCIS and its programs, visit�www.uscis.gov.


    More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)





    Jeffphoto
    July 27th, 2006, 08:43 AM
    Pretty cool people in your city, Antonio. 'Round here they just feed corn to pigeons!



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