Thursday, June 30, 2011

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  • vikramy
    12-22 01:20 PM
    I did same 4 years ago. You can travel while your H1B transfer is pending.


    1. Can I visit india while my tranfer is pending...???
    Yes you can.

    2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

    I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

    3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

    I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa





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  • guyfromsg
    09-08 03:04 PM
    Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.

    http://groups.google.com/group/goivgaiv





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  • f1vlad
    03-23 04:56 PM
    Hi,

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,
    Thanks,
    Vlad





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  • raysaikat
    03-01 03:08 PM
    I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.

    Here is my situation -
    1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
    2. I came back to India for good on 31st August 2008.
    3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.

    So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?

    If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.



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  • battineni
    06-21 11:07 AM
    Hi,
    Presently workig for company "A"

    My PD : Mar 2004 - EB3
    140 - Approved - Mar 2008

    Now I'm planning to move to another company("B").

    What are the chances to keep my PD, even though my company "A" revokes my 140?

    what are the chances/risks for Company"A" to revoke my 140??

    Thanks for your time.





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  • eastindia
    02-22 08:51 AM
    Any updates anyone?



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  • frostrated
    12-01 11:37 AM
    you can file a new application from scratch in EB2. you will not be able to use your husband's PD. And there will be no interuption to any case.





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  • krrishpatel
    09-02 02:30 AM
    Hi,

    Almost 22 week past, No response From Mumbai Consulate

    Interview Date - 13-Feb-2009
    Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)

    Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.

    After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.

    Anybody Knows what i have to do. Please advice me further .


    Regards,

    Krrish



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  • kaisersose
    09-17 12:03 PM
    You can take a 2nd additional job if needed..
    Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...

    And when you invoke AC21.. You must have EAD in hand...

    NB: WWW = Work Women Weather...

    AC21 can be invoked by transferring H-1b.





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  • camphor
    12-08 12:28 AM
    Thanks guys for the response !



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  • snathan
    04-16 04:01 PM
    Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...

    More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)

    Thanks a lot Mr.Shusterman. We need more people like you to make our voice heard.





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  • fasterthanlight�
    05-09 10:29 PM
    Mucho better-o



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  • ben212_76
    01-18 01:30 PM
    Well I have LIN# and approval notice of I-140.





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  • gcformeornot
    04-09 01:35 PM
    can be paid by employee....



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  • beautifulMind
    04-22 01:50 PM
    PERM prewailing wage determination EB2

    Position 15-1034

    My university is applying for a new perm application for eb2. I work for a university

    Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem

    Is thisgoing to be ok ?





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  • i_have_a_dream
    08-10 11:21 AM
    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.



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  • ValleyCoolie
    02-14 06:20 PM
    Here is my suggestion:

    Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

    If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

    Hope this helps.





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  • jsb
    06-18 02:38 PM
    Hello Everyone,

    Here is my situation:

    1) My 6 years H1B with Company-A ends Sept 2011
    2) I-140 approved and my priority date is Aug 2006.
    3) Company-B(end client) offered a full-time position starting Jan 2010.

    What are my options? My questions are:
    1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
    2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
    3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?

    I am really confused. Please help.

    (1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
    (2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
    (3) Priority date will be ported from your original application with company A





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  • royus77
    06-25 09:38 PM
    Shouldn't the whole decision be given in 15 calender days ? My 7th year H1 ext was filed 11 days ago. No clue of a receipt number yet.

    Mine was applied for 7 th year Ext in Regular Processing and got receipt on May 15 . Bumped to PP couple of week back got a notification on 06/20 saying request was recived for Premium Processing ,Same day recipt date was re-set to 06/20 ( earlier 05/15) .Waiting for the approval some time this week .





    WAIT_FOR_EVER_GC
    12-05 03:51 PM
    Sure...
    Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
    Example
    If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.

    So if your current employer is making a profit => your prevailing wage then
    you are good.

    This is what my lawyer told me...you talk to yours





    guyfromsg
    07-18 11:59 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.

    According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.

    Hope this helps.



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