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  • ganguteli
    04-11 11:27 PM
    http://www.dol.gov/esa/whd/forms/fts_wh4.htm

    http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD




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  • sodh
    07-27 05:54 PM
    If I'am not wrong the interview will be in whichever state you are.




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  • srr_2007
    04-04 12:57 PM
    I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.

    Something like HSMP should come. In particular, the Fresh gradutes should be allowed to start their career in a honest way, not with the manipulted resumes designed/manufactured by almighty desi consultants.




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  • arunmohan
    02-13 12:40 AM
    Guys,

    we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
    Please PM me to get Conference Call details.

    Thanks

    Please join the conference call.

    Date: 02/15/2009
    Time:8:00 PM(EST)

    Please PM me or mirage for details.



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  • rama0083
    11-26 03:24 PM
    Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
    7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.

    My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.




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  • yabadaba
    12-18 10:31 AM
    i cant find the princeton update



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  • sagittariusarm
    02-12 07:27 AM
    My wife met with a very minor accident and it was her first accident. It was an on a unattended car. The back bumper of the car got scratched, The main mistake she did was , she did not leave a note and she came home, she basically panicked. She called me and I told her to go back and call police by that time, somebody complained to police and police came home and issued citation. According to Florida statues this is a criminal violation.

    The following is the detail of the citation.

    Crash: NO
    Injury: NO
    Serious Injury: NO
    Property Damage: NO
    Aggressive Driving - NO
    Fatal: NO

    I am in the process of talking to traffic violations related and Immigration attorney.

    I would appreciate if somebody can please advice on the following.

    1) What will happen to her I485 process? currently she has EAD and I485 is pending
    2) She is unemployed currently but if she decides to work in the future will this cause any issues when employer does background check?
    3) Attorney mentioned that he can clear the points and criminal violation records but will this still be a issue for I485 process?

    Please let me know.




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  • raysaikat
    05-07 08:42 PM
    Hi,

    My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.

    He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.

    So far i am not able to find other employer who can transfer my H1, and still in US.

    1) How many days I can stay after H1 termination
    0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.


    2) Is it possible to transfer H1 after the withdrawal process initiation.
    There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.

    3) How much time does INS take to withdraw the H1

    4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
    As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.

    Please let me know do I have any other options.

    Thanks
    Rajesh[QUOTE=Myvisa;1808894]



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  • shivapb80
    12-27 06:59 PM
    they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

    i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.




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  • anna20
    02-05 05:44 PM
    Guys,

    Let me explain my situation .

    I am currently working with Company A on H1B , applied 485 in August, e-filed EAD 2 weeks back . My project is over and i am on bench from past 3 weeks.

    I have few full time oppurtunities to work with EAD
    1) Can i change the employer without the physical EAD with A# and LIN # after RD 180 days passed ?
    2) Can i give 1 month Notice to employer now and wait till i Get EAD and start once the card comes ?
    3) Wait till the EAD card comes in Hand to do any thing ?

    Appreciate your Help on this.



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  • psnycgirl
    03-08 03:43 PM
    Both my husband and I have been using our AP for traveling for the last few years and he uses his EAD for his job. So trying to say that we don't use our H visas but his employers renew them anyway when its time to renew.
    Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
    Now we are planning to travel next month. So here are my questions:
    1. Can we travel with our applications pending?
    2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
    3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?

    Thanks!




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  • ramaonline
    11-24 03:04 AM
    kghoshal:

    u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
    employee / emplr name
    state of filing and eb category

    Dallas: h1b7yr@dal.dflc.us
    Philly: h1b7yr@phi.dflc.us

    This link has details
    http://immigrationportal.com/showthread.php?t=182326



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  • sertasheep
    07-01 10:36 AM
    As far as I recollect, the Murthy article was about the spouse(dependent) receiving a GC (as part of a derivative spousal application) when his/her spouse(primary beneficiary)'s PD or her PD was not yet current.

    Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.




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  • gveerab
    08-25 06:25 PM
    :)


    No E2 (EB2) consular processing cases were scheduled by mumbai consulate.

    Mumbai consulate - Consular Processing appointments

    September

    http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf

    August

    http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf

    Give me a green dot if you can.



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  • raysaikat
    11-13 09:55 AM
    I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.

    You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).




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  • skd
    08-05 11:18 AM
    Hello all,

    i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
    Person A : PD august 2005 and I-485 filed on : 15 th july
    Person B : PD august 2006 and I-485 filed on : 2 nd july
    who will get GC first ? Person A or person B ?
    thanks in advance.

    Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
    USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
    Now say in January 2008 the PD was made September 2005, In that case Person A will get first
    But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first



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  • kak1978
    01-04 09:57 AM
    Bump.




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  • hebbar77
    03-15 08:51 PM
    It could be discussed many times here. but I dont know the answer! Please help!




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  • tosca_travels
    09-27 02:10 PM
    I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.

    Soo -- 2 questions:
    1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
    2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?

    Thanks very much!




    kedoubt
    05-17 10:41 AM
    Hi,

    I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?

    Thanks,

    KEDoubt




    houston2005
    08-08 02:11 PM
    I and my family have to travel to India urgently due to medical urgency. Our only AP document was taken last year and this year the renewal is not yet done. We are using our EAD status and H1 is expired and no longer available.

    Is there a way I can get an emergency appt and a AP travel document. if yes, what do I need to do to get that.

    If this question has been answered earlier, can someone point to the right source.

    Thanks in advance.



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