Tuesday, June 14, 2011

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  • Project_A
    05-16 08:17 AM
    May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.





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  • DSLStart
    07-28 03:56 PM
    The reason for transfer as per email was that the jurisdiction is now TSC But why now? why not transferred along with 485 in 2007?
    Orignal poster,
    what was your message in email/online status?
    is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!





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  • GCVictim
    05-07 11:57 AM
    Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07





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  • rolrblade
    07-26 06:49 AM
    Hi

    I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.

    What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?

    Or better to apply EAD for me (not to my wife) after the I-140 approval?

    Please help me..

    Thanks in advance.

    --Raj

    What you have asked is a question that has been answered quite a few times on this board. Could you please try to read through those and if you have a follow up question then please post or PM me.

    Also, I thik you want to ask if I-140 gets "revoked" Is that the case ? If not and you are really taling about I-140 REJECTION then cheg's statement above holds true.



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  • IAMINQ
    03-18 05:19 AM
    Dear Friend,
    We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.





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  • mps
    09-06 11:46 PM
    Wow ! This is going to kill real estate market for sure !

    I know my friends who live in apartment here in US but they have purchased investment properties in India.

    Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.



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  • sriswam
    06-28 06:36 PM
    Guess I found the answer. e-filing is disabled for 140. USCIS was quick on the draw :)





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  • crystal
    10-18 10:56 AM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    C. Personal Check in Mail:

    You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.


    Immigration Voice
    PO Box 114
    Dayton, NJ - 08810



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  • avi101
    04-06 01:39 AM
    This chess game will work out fine. Each one knows their and their opponents limitations (not strength) well.

    I would suggest ending some Red Bull. Milk has sedative effect. :)

    Thanks for the update!





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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com



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  • eb3_nepa
    07-20 09:01 PM
    Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
    I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

    I'll truly appreciate

    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.





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  • forgerator
    09-05 01:08 AM
    I hope EB3 ROW date moves to Nov 2008, this way I can file for my I485 :D



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  • still_waiting
    05-18 11:33 AM
    It's working for me.... report covered issues very well .





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  • PDOCT05
    08-15 02:45 PM
    I-140 approved at NSC
    PD is OCT EB3


    Thanks much for your response...I hope my checks will get cashed in next few days..



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  • GC_1000Watt
    12-15 11:42 AM
    Answers in Red Ink Below....

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?

    Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.

    Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....



    Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.

    Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?





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  • shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.



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  • sgupta33
    03-20 05:05 PM
    Thank you ZCool for the information.





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  • ksvreg
    02-24 08:17 PM
    I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.





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  • Marphad
    03-27 08:47 AM
    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.

    I entered on H1 not AP. Hope this is safe :).





    s416504
    11-17 10:40 AM
    Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.





    srikondoji
    04-26 03:34 PM
    Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
    They only want more new H1-B's, coz they have to pay more for those who are already here.

    Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.

    Remaining skilled labor force with his H1 term ending are of no use to anyone.
    I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
    Thanks
    sri



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