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Thanks for great services..

My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

will court close my removal proceedings based on PD current..

i will really really apprecate your help.

Hi,

I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

Thank you very much.

Regards,
Venkat.

You should consider getting professional advice from attorney who deals in employment and contact laws in your state.

Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)


_________________
Not a legal advice.

I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...


If your company is ok with giving you a letter sticking to your original duties you should be fine, there is no need to inform USCIS about it. I know it amounts to misleading but in your situation that is the best you can do.

good luck

the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved

Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

Would anyone know if there is a third valid case for H1 extension i.e.

LC approved, I140 pending (just a month) but LC is less than 365 days old?

My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?

Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?

The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.

Most people use 'Bump" to bump the thread up :), but it can be anything

Thanks a lot for your time Victory.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.

Wish you goodluck buddy.

Hi all ,

Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?

Traveeling is also difficult

2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .

For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.

I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.

Please throw in your valuable suggestions to make our trip easy and better usage of time.

I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
Rgrant, coolguy ..Thank you v.much !!

I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?

Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

Thanks in advance.

You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

Your H1B is still valid.

I guess that answers part of your question.

Hi,

I am working on 8th year H1 visa (with approval notice) valid thru september 2009

Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.


I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.

Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.

Good Luck for your stamping.

Based on my experience, employer can't damage your GC process. H1 is like an offer. Its up to you to join that company or not. You can apply for multiple H1b's at the same time. So even if your employer cancel the H1 it should not affect you. But it may be worth confirming with a lawyer if you are worried.

Hope this helps.

Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.

Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)

If you change from h1b to EAD you have to file one form (name i forgot) and your employer will send it Immigration office.

I got I-140 Notice returned as undeliverable.

I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.

I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?


your attorney or employer (whoever filed it) will get the approval notice.

I think healthy trade/economic relationship with economic potential powerhouse INDIA is important for the US in the long term. That is why the deal was a done deal long long ago IMHO.

did you get a letter from USCIS to your new address that they have received your address change request?

i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).

also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.

I called USCIS and created a new service request. Hope they will do it right this time.

My worry is if this is NOT FP notice, and something else, will it effect my application in anyway since I could not respond in a timely manner due to address change.

A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?

If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing

I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?

Any Idea ...

It does work and they only send an email for a hard LUD (when there is a material change in status).

Folks,

To celebrate or not to celebrate is the question. I received this email from my attorney's office:

Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.

However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?

Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.

It is going to be a long long long weekend for us.

Congratulations!

I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.

Others, please correct me if I am wrong.


I think you need labor from current employer and an I140.

You can not port your PD to a different employer based on just an existing labor.

You can do a H1 transfer for the remaining duration of your H1 and maybe add any time you were not in US in the past years while on H1.

If you have the I140 ( should get in a few days in premium processing) then you can get your new employer to start a new green card process but carry your PD from your earlier employer.

Most importantly talk to a lawyer rather than depending on people here.

Good luck.