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  • Ann Ruben
    04-28 07:13 PM
    you can file for a change of status to E without haveing to leave the country.





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  • rockyrock
    08-03 10:00 AM
    I was wondering will we get the I-485 Receipt notice directly or Lawyer or both?





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  • sbmallik
    06-12 03:48 PM
    After the initial H-1B period maxes out, the beneficiary needs to move out of the US but not necessarily to the home country, for at least a year. Please read here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=110aec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD) for details.





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  • loudobbs
    09-28 11:16 AM
    Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..


    Also did USCIS use up all numbers for 2007?

    Any ideas???:confused:



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  • h1bwala
    12-09 03:17 PM
    Hi

    Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
    I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries

    1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?

    2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.

    3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.


    Thanks





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  • tancot
    05-18 10:33 PM
    Thanks for your reply.

    One more query, if I go to India while my petition is pending. I will need to get new H1 stamped.

    Can there be any issues when I go for stamping?



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  • sledge_hammer
    07-01 10:52 AM
    ^^^^





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  • gc_chahiye
    07-16 12:08 AM
    I am having an option of joining a new employer with whom to file LC. Company is not very big 50 employees and started in 2002.

    I am very worried about the stability of the company. This kind of companies are normal or I am just unneccessarily imagining and worrying ???

    How to check the stability of a company before you start filing anything ???

    Anybody knows about this ??

    absolutely no idea based on the info you have provided, but you need to consider a lot of things here.

    1. If its a startup building the same product 5 years later, and does not seem to be expanding/growing, its probably not going to be around much longer. If its a consulting/contracting firm that works with bigger fish, it will probably be around in the future.

    2. You need to also analyze your appetite or risk. If you are on 5th or 6th year of H1, then it could be risky. If its year 1/2/3/4 and you like everything else about this company, go ahead. Worst case they close in one year, you will have LC+I140 approved and can move to another company, restart GC, and recapture this old priority date.



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  • sac-r-ten
    12-11 12:51 PM
    When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
    Mine is already crossed 12 months now.

    Hope this helps.





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  • sam_hoosier
    04-07 11:19 AM
    Just fillout a new I-9 form and give to your employer.



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  • amitga
    01-15 09:18 PM
    Atleast they should allow that.





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  • sideeque
    09-19 09:36 PM
    I applied in Dec 2009 and got approved in May 2010.



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  • Lisap
    09-07 12:37 PM
    I am a little confused after reading some of the posts on here.... What is your priority date based on? Is it the receipt date of your Labor cert or the approval date off your labor cert? Or neither? Thank you all





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  • sb1122
    10-06 08:54 PM
    My wife is currently on h4. She has applied for H4 to F1 trasfer i539 application with university A in May 2008. She is currently enrolled in University A on H4 as her application is pending. Now she got admission from a better unversity (starting Spring - Jan 2009) and she wants to join this university. What is the process to transfer her university given her i539 application is still pending (and probably remain pending till early 2009).



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  • chanduv23
    09-17 12:30 AM
    If people cannot lift their heads high and stand up for themselves - no one will save you or care for you

    Lou Dobbs and Ron Hira and all the other anti immigrants will put all sorts of labels on us liek macaca, illegal, job cheaters , and what not

    DONT YOU ALL WANT TO STAND FOR YOURSELVES???

    EVERYONE EVERYONE TO DC YES, THIS IS THE ONLY CHANCE - SO YES - SHOW YOUR FACE - TELL THE WORLD TYHAT YOU HAVE A FACE

    EVERYONE TO DC





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  • robyr77
    04-22 07:16 PM
    Last October I hired a lawyer for an AOS ( I-485 ) and the I-130 and I-131 forms.
    Obviously I did it because I did not have any knowledge about immigration matters.
    In Novembre 2007 he did contact me telling me I needed the I-765 form to legally work in the country, so I did fill the form sending it in his office by mail.
    He told me he sent the form in the first week of December 2007.
    Ok now this is the situation :
    I never get by mail the notice of action about the form I-765 and what concern me the most is that I still did not get the permit to work.
    I periodically check the processing time cases from the USCIS' website, and I have seen that USCIS (NEW YORK area ) already processed the I-765 forms for the complete month of December, does anyone know if Uscis is having problem processing EADs....I am really worried that something did not go through... probably it's just normal to have so many questions but recently I think about that all the time.
    Oh guys one more thing...I paid this lawyer thousand and thousand of dollars.
    I realized reading the USCIS website that if you fill the form I-485 you are not required to pay the $ 340 fee for the I-765 form . Last November he asked me to send him a check for the EAD fee. When I told him that last time i spoke with him by phone he said he did know that , then he told me that he just had moved from his old office to a new one so my case was in storage, in storage ?? My case is still pending and he put it in storage, i am so disappointed ...unbelievable this lack of professionality.
    I should have do it by myself at least now I would have money to buy a nice used car.
    Thank you all for reading



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  • garybanz
    03-27 10:13 AM
    As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)

    Yes you can, start your company and volunteer for the company but not together :(

    You can start your own company but can not work in it.

    You can take a part time/ 2nd job by filing a 2nd H1 (the 2nd H1 will be in addition to your first H1), but you can't own that company!

    Interestingly your wife can start a company and sponsor your 2nd H1 in her company ;)

    Note: While nothing above is wrong or not allowed, some of the information above may have shades of grey...check with really good attorney before you take this up.





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  • gxr
    11-06 08:59 AM
    I just wanted to confirm that "Document mailed to applicant" on I-131 means that the AP is approved. Can someone who saw a similar message please share their experience?

    gxr





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    04-06 01:30 AM
    If this doesn't win there's something fundamentally wrong with the world ; )

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    rpat1968
    08-07 06:46 PM
    Interesting news posting today in "Dallas Morning News" :

    http://www.competeamerica.org/news/media_coverage/2006_08/20060807_visapolicies.html

    Have you guys seen the letters written by Compete America Board to US Senators and Congressmen. The points they talk about are very similar to the issues identified by us. You may browse the section when you have some time. The link is

    http://www.competeamerica.org/hill/letter_congress/index.html





    justAnotherFile
    07-10 09:37 PM
    you can use OCT 02 EB3, file I-140, after it is approved you can port the Oct 02 PD for the EB2 application too. This way you will be current as soon as I-140 is approved, guaranteeed.

    EB2 will never go behing Oct 02.



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