Huwebes, Hunyo 9, 2011

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  • sam_hoosier
    02-06 04:22 PM
    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...

    You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.

    But both H1 & H4 visa holders would need new approvals (I-797s).




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  • amsgc
    06-15 12:24 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

    Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

    My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

    Thanks,

    Ams




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  • sarasuva
    01-30 12:57 AM
    Any advise/guidance on this issue guys?




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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.



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  • ivar
    01-21 04:23 PM
    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12



    Sathweb,

    Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.

    Applied for 1st PERM in Mar2006
    Got my PERM approved in Nov 2006
    Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
    Joined new company in Mar07
    Than followed the July 07 fiasco and missed my bus
    New employer filed for PERM in JUN/JUL 07
    Got Audit, Sent Audit reply, Got Denied
    Re appealed against my wishes.
    Ran all the ad campaign and GC process again.
    AFter all this now waiting for earlier PERM TO be withdrawn..

    Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.




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  • sdudeja
    01-30 06:00 PM
    I am not sure. But the FP notice was mailed on 23 dec and the other document on Jan 12.



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  • yabayaba
    08-19 11:28 AM
    Hi,

    I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?

    Thanks,
    Raj

    Yes...You could....




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  • Nabeel
    01-29 03:26 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.

    Good stuff. Thanks



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  • singhsa3
    07-12 10:19 PM
    See my answers in red
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    It will need change in law. Cannot be done without senate and congress approval
    2. Medical tests are going to be valid indefinitely
    Possibily but cannot be a big news, especially if we are talking about near term good news
    3. Ppl who've worked for X years automatically can apply for I-485
    It will need change in law. Cannot be done without senate and congress approval

    5. All can apply as per the old bulletin
    Already ruled out
    6. ????
    Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
    cmon guys help me with this.i'm running out of ideas..:D




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  • gtg506p
    03-09 09:19 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar



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  • at0474
    11-13 05:37 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.

    --On a lighter note. Let me handle your finances in India. You can work here on H1B.




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  • shruthi07
    01-01 10:05 PM
    You can apply for a new passport after 30 mar 2007.

    Expiry Date will be 10 years from the date of issue.

    You will get your old passport along with the new one.



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  • pcs
    09-22 02:07 PM
    If you do not have all experience letters.... Give a notarized letter from someone you worked with with dates & brief job description. It is acceptable




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  • sandy_anand
    10-04 10:01 AM
    Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)

    http://www.eb3chinese.org/resources/E3+Waiting+List.pdf



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  • leena_k
    01-31 07:04 PM
    Thanks for the link:)




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  • brb2
    09-22 08:23 AM
    Not really. I truly believe the Skill bill will be passed by mid next year to allow all STEM Masters to stay back and adjust status automatically like in Australia. There is a crisis in the US with very few students entering STEM and the US will very likely retain international students by hook or crook. This will also clear the queue for non US qualified temporary workers in the queue for green card.

    The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!

    Thanks! guys.....All in the same boat then....Screwed.....



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  • caliducas
    06-06 05:19 PM
    We are interested in knowing the source of this rule!
    If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.

    To be honest, I have no idea. That's what my attorney told me. I hope she's right then.




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  • coopheal
    01-01 01:46 PM
    dude couple reasons listed above, other reasons from the various posts on this topic.

    1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
    2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
    3) Lot of people have switched to EB2 from EB3
    4) The formal retrogression phenomenon started around 2003.

    Things which can fix this situation are:
    1) Law by US govt to add more visas this year.
    2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.




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  • darslee
    07-11 01:35 AM
    and not lose focus ;)




    eb3retro
    06-30 10:05 PM
    Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?


    i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..




    newuser
    07-29 08:19 PM
    Quoting what reason did the DMV confiscated your driver's license?



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