Saturday, June 11, 2011

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  • vin13
    03-11 04:28 PM
    The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...

    You do sound paranoid.

    When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.

    People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.

    All Immigraton Officers will not ask the same questions nor react the same way for similar answers.





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  • needhelp!
    10-10 09:41 AM
    join hands to work with IV





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  • GCwaitforever
    11-06 11:59 AM
    Concurrent H-1Bs are always non-cap.:)





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  • dingox100
    11-19 02:18 PM
    My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question

    Visa officer: Whats your Age?
    my friends brother: 26
    Visa officer: sorry , visa cant be issued.. rejected.

    No more questions and no more answers



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  • dpp
    10-25 01:22 PM
    I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.

    This is at US31 and 146th Street north of Indianapolis.

    I propose 11am.

    Even if there are only half a dozen of us surely we can achieve more than as individuals.

    Ok, count on me and will be there at 11:00 am.





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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.



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  • EkAurAaya
    03-20 10:14 AM
    I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.

    Just thinking if the new law for GC approved like buy a house and get
    GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
    I am on EAD now. PD -Nov 2003

    Can you please share what state? Thanks





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  • AB1275
    12-12 01:04 PM
    What was the REF about?

    As a backup you can file new EB3 PERM

    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.



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  • champu
    03-12 09:46 PM
    Thank you all. I hope this year all of you would also sail through this tough journey.





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  • i99
    09-26 01:09 PM
    Almost all threads I see indicate that NSC is behind far more than others.



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  • kisana
    04-11 04:27 PM
    Can any one who has used e-file , please advice for my last two questions.





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  • ds37
    07-16 10:50 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Thanks A lot Dealsnet.


    DS



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  • kisana
    04-10 12:13 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.





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  • genscn
    10-02 12:42 PM
    When you leave US, your I-94 attached to your passport (Old One) will be taken and once you re-enter, another I-94 (with same number as on your I-94 issued with your H-1B approval) will be issued and attached to your passport.


    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?



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  • rajuram
    01-15 01:47 AM
    I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.





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  • smuggymba
    03-07 09:40 AM
    I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.

    My question is whether I can retain my PD with an approved I-140:

    1.) If the employer hasn't taken any decision to cancel I-140.

    2.) If the employer writes to USCIS about cancelling I-140.

    Thanks.



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  • ivgclive
    04-13 09:24 AM
    It is good that you came out at last to check in IV.

    You and your employer are tied on a fraud rope strongly, you can not get out of it. If he wants to jump into the water or you, you guys pull each other.




    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?





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  • bestofall
    07-30 12:19 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035





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  • s.m.srinivas
    03-31 01:58 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...





    Milind123
    07-27 04:20 PM
    Your lawyer is correct. Until you get a negative response for your MTR you can work.





    imh1b
    12-06 08:24 AM
    After seeing so much activism on Dream Act in the news, I think Dream Act deserves to be passed. Recapture does not. We are responsible for it for not doing anything if Dream Act passes. Just Google Dream Act and you will see so much work done on this. Compare it to Recapture bill. Reporters will also write about issues where they see lot of activity. We are simply not doing enough.



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