Friday, July 1, 2011

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  • reddy_h
    08-12 02:02 PM
    Unfortunately no! Only your employer or lawyer can tell you.

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  • immihelp123
    03-31 09:04 PM

    I changed my employer on EAD and did not go through the H1B route.


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  • loku
    08-16 07:41 AM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.

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  • senthil1
    05-01 09:32 AM
    Many people might have lost job because of last year rally. Here I heard one of company in Chicago area fired all the illegal immigrants in last year immeditely after rally. So this kind of things may not be necessarily positive.

    If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:


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  • IV2007
    04-02 12:53 PM
    Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.

    Then can I have mulitple jobs, say I start a company, or work for others as well ?

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  • chikusri
    07-14 02:54 PM
    Hi there!
    Do we need to submit the documents for H-4 Visa renewal (expired in the last 12months) before the actual appointment date?



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  • gcisadawg
    06-26 01:16 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...


    Caution: You are taking Risk!

    Based on Yates memo ( you can google for this), a person with pending I-140
    and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.

    There was a link on Ron's site where he said
    1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
    2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.

    If the above two are good, the chances of RFE on I-140 is slim.
    Even if there is one, your old company should co-operate...I believe that is where the risk is....

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  • intelarv
    07-29 02:52 PM

    This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.

    If some one has the format currently required by USCIS, please post it.



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  • arti.jain
    11-07 06:45 PM
    I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...

    My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
    My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.

    1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
    2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
    3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
    4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.

    Please help me resolve simple question.

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  • dealsnet
    11-15 10:09 PM
    You are speaking about the job doing, what is the present visa status now?

    Hi All,

    I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.

    Are there any other occupation which can fit my responsibilities to get an H1B visa?

    Thank you for your help.


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  • md2003
    08-28 10:34 AM
    I think doing a business on H1B is legal , But you are not supposed to work for the company.

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  • kiran24
    06-24 02:24 AM
    I had a TB test yesterday. Waiting to go to doctor on Monday to get results. Hope I get negative result :eek:


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  • alterego
    09-14 08:48 PM
    Do you have a good relationship with your employer. If so, if you can get your hands on the BEC letter, ie requesting your employer whether they want to continue with the processing, then it is on that letter.
    The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.

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  • p_kumar
    07-20 01:27 PM
    Sorry to post it here.I did not know how to create a thread.:o

    Will this priority dates becoming current, affect the processing time of family based I-485?.my sis is a US citizen filing for my parents GC.It usually comes in 3 or 4 months but now ?????/
    any replies are appreciated. :D


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  • upuaut
    10-04 01:36 AM

    ... I love energy patterns..

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  • pappu
    02-13 10:48 AM
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  • aachoo
    08-21 04:12 AM
    Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!

    Sorry not sure you will find advice or support here- This is a LEGAL immigration site.

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  • stemcell
    09-24 04:13 PM
    It is best to initiate the GC process. Agreed current times are unfavorable ( LC is taking time etc etc ). But if your LC and I-140 are approved you can switch jobs and port PD assuming you change companies with the same job description.

    My 0.02
    this may not be applicable for everybody.

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  • dilbert_cal
    06-24 09:19 PM
    Hello All,

    When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.

    Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:

    Any suggestion is appreciated.


    Credit Rating will have NO impact on your AOS.

    10-19 02:31 PM
    Thanks all you for the time in sharing the info.
    Usually Airlines ground staff provide the wheel chair assistance(some r good & some not).
    I was concerned about them getting out during stopover in London & Immmigration /Customs, Baggaige claim & taking TRAIN in ATL airport .

    03-24 01:40 PM
    "Is it usual for big employers to already have H1 visas to sponser you on".. All I know is that employers cannot have blank visas for hiring whom they want. They have to file a new application for a specific employee, so they have to start from scratch.

    If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.

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