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  • desi3933
    05-15 04:10 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.

    He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.

    My understanding is that beneficiary must be in-status at the time of filing for change of status.

    Thanks!




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  • new_phd
    05-14 01:30 PM
    Or atleast make it a stickie under the appropriate forum sub category.



    Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p




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  • bluez25
    07-15 01:32 PM
    ^^^^^^^^




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  • mani_r1
    12-11 03:09 PM
    I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated

    Thanks



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  • eager_immi
    02-09 12:09 PM
    Ok, since immigration is taking a back seat because of the IRAQ war, please explain how does it make him a wonderful president? He is responsible for so many lives bc of the war. If he did not spend billions of tax payer money on iraq, when there were no weapons of mass distruction and/or saddam was not an imminent danger to the united states, don't you think we would have better use of our tax payer's dollars.

    Just beacuse he is pro immigration does not make him the best president (he cannot pass the bill on his own u know, eventhough "he is the decider"). What is the point he can be pro immigration for all people care but his republican party is not too thrilled with him and will not pass an amnesty bill. What has he done for the enviornment? He believes that there is nothing called global warming. So please just because he is pro-illegals, pro free trade does not qualify him as the best president.



    Bush is for immigration reform.

    I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.

    Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.

    Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.

    It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.

    As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.




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  • snathan
    08-18 05:32 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.

    Exactly.....You nailed it correctly.



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  • santb1975
    02-13 04:57 PM
    We have to do this

    Lets do it for us!




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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.



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  • raj3078
    08-23 10:57 AM
    Stop whining man.... What was done by whom and blah blah is not gonna make a difference... Look at the future.....Just so you know, I am MS holder from US too and I am least bothered by someone getting GC with BSc.... With the same token 1000s of people are getting GC just because their sister or brothers are in this country....and trust me ...Many of them are not even highschool grads.....So just get on with your life...

    Lastly, You came here as a student for studies I suppose or for getting GC? if you wanted to get a short cut to GC by being student for 2 yrs then thats a pity




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  • needhelp!
    09-16 01:17 PM
    Check this task off your TO DO list..



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  • ruchigup
    08-22 03:11 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation




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  • Pankaj
    08-18 04:59 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.



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  • bigboy007
    12-10 02:20 PM
    I dont know i can try making it "superset" of what my GC Labor is that way it adds to what they have already its a bigger company btw so hassles in these issues are expected but what is the procedure in intimating USCIS many said no it but where does this Employment verification letter come in to picture.

    Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
    Designation and pay doesnt matter.

    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex




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  • needhelp!
    09-16 01:17 PM
    Check this task off your TO DO list..



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  • gc_bulgaria
    02-12 02:50 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?
    These are the following I used on top of the stupid cover letter that I am sure they dont see.

    1. Talk to Congressman's office
    2. Letters and faxes to USCIS
    3. AILA liason (through your lawyer).

    In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.




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  • nareshg
    10-12 01:59 AM
    they responded today to USCIS, nothing much here I guess...

    one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.

    Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...

    and now USCIS has revieved the evidence they asked for...guess what they say...

    On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    60 more days...come on....



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  • smmakani
    05-14 07:20 PM
    Thanks IV Core. We are all with you.




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  • gova123
    08-27 02:08 PM
    When did this change? I got it renewed from Washington DC a year back

    I think it is stated in their website and also someone in the forum was saying this. Did you happen to be in Florida when you renewed the passport last year from DC. if yes, then I can send it to DC as they seem to renew in 10 business days. Am i right...............




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  • wildcat1313
    03-30 04:53 PM
    How in the world did you get so many greens??

    You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.

    Contributing to IV is not the only possible contribution that a person may make to this world.

    Thanks guys for your support. Its not that I didn't want to contribute and I will definetely do it once I get my H1 visa stamped.

    Status Update -
    Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.

    My company has already prepared a letter to show work schedule if I get out of work with current client.
    So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?

    What do you guys think?




    ganguteli
    04-08 05:12 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    To GCNirvana007,
    I have questions for you
    - Is your profile complete with your name, CORRECT email and phone number?
    If not then forget getting a sincere reply.

    You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.

    I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.

    Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?

    Think about it. Lose some ego. It will be good for your personality.




    gjoe
    10-05 10:59 AM
    This is what the law says:

    INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.

    What is your argument to sue?

    How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.



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