Tuesday, June 7, 2011

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  • kicca
    01-31 05:29 PM
    ^^^




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  • ajju
    09-07 12:10 PM
    Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).

    If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...




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  • suren26
    07-24 12:12 PM
    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.




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  • LostInGCProcess
    09-19 05:51 PM
    meaning I can work for company B now and even though my h1b renewal approves with company A? then when I feel like I can go out and reenter before the h1b renewal period ends?

    sabr, could you be more elaborate regarding the 2 companies, where do u work, and who is offering you the job, how do they want to hire you, etc... Please explain clearly what your question is? Iam trying to say something and you are interpreting it differently and it looks like we are off pace somewhere.



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  • desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.




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  • kaisersose
    05-30 10:17 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.

    H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.



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  • hemasar
    06-22 09:57 AM
    hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!

    I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.

    Thanks.




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  • fromnaija
    07-20 05:32 PM
    Thank you!

    http://www.insvisa.com/faq/department_state.htm#15

    not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa



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  • paskal
    07-29 01:17 PM
    good joke too
    will try redress your reputation...




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  • Ann Ruben
    05-13 03:20 PM
    I you manage a team of engineers who themselves hold university degrees, you may very well qualify for L-1A status and your chance of getting an approval could be better than if you refile the L-1B.



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  • whoever
    02-07 01:12 PM
    hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671




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  • walker15
    02-15 10:55 AM
    Also your immigration attorney's involvement is very crucial in regard to your case.



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  • GotGC??
    01-02 03:30 PM
    Good for you, and glad to know. I have made my past visa appointments on this premise, so do not know how strictly they enforce it.

    But if you visit the US Consulate Vancouver site it is mentioned somewhere - in fact there are many discussions on this topic on other forums.

    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..




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  • nb_des
    04-14 11:51 AM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.



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  • need4gc
    09-10 11:08 AM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.




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  • bigboy007
    06-08 02:14 AM
    true , but not sure how much hez gonna bend , he stillseems upbeat ?



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  • Hermione
    10-02 11:50 AM
    Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself?

    The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.




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  • eb3_nepa
    04-17 04:32 PM
    Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..




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  • kirupa
    11-24 04:45 PM
    On the home page I see 3 Flash and 3 SL-based tutorials that were added recently. Sounds really biased to me.

    I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers. If you want to submit a tutorial, make sure it is Flash CS4 or Expression Blend (WPF / SL) related. Otherwise, I will more than likely turn it down.

    :nerd:




    JazzByTheBay
    10-10 06:10 AM
    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz

    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.




    Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.



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