Saturday, July 2, 2011

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  • Prashanthi
    04-08 05:56 PM
    When you file for a transfer to company C, the USCIS will see if the H-1 with company B was approvable or not before they agree to approve the H-1 with C. You have essentially created a bridge by filing the H-1 with company B. The USCIS has said that they would allow bridge petitions, however in order not to complicate things, i would convert company B H-1 to PP get the approval work for 1 month, get a paystub and then file a transfer.




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  • trump_gc
    02-27 01:50 PM
    how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?

    Well, How do you think it will move fwd. On the contrary, it will further retrogress..more labot with earlier PD's will generate more demand ,and PD's will retrogress,,,,am i missing anything here,,,




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  • mantagon
    11-25 11:12 AM
    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this�????

    Thanks in advance...

    IMO, you cannot do this as you are moving from a cap exempt H1 to a non-exempt H1. So, in this case it will be regarded as a fresh H1 application and not a transfer. If you want to join Company B, then they have to file a new H1 application which will count towards the cap. Hope this helps!




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  • chinna2003
    05-15 09:27 AM
    My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
    No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).



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  • gc_on_demand
    04-09 04:15 PM
    Hello guys,
    Need little advice from you guys.

    My wife is having her citizenship interview and oath ceremony on April 30th.
    My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.

    after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???

    thanks
    h1bdude1

    I am not lawer .. but I guess it may not create any issue. There are so many lawers. hire one for better accuracy.




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  • Sushana
    01-15 11:47 AM
    To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.

    For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.

    My guess is: this is well known fact and may not need attorney. See what others say.
    Thanks M for your timely reply. It is helpful to know that I don't have to again go through the "H1-B lottery" for 2008-09



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  • navdeep.mahajan
    03-08 10:37 PM
    Thanks for your wishes




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  • imcdude
    04-19 03:28 PM
    uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.

    Sorry to hear that dude.

    Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!

    Please write a letter to the First Lady.
    Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
    PM me if u need any info.



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  • rpeter
    09-26 03:59 PM
    Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.

    Thanks,




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  • RNGC
    02-09 05:23 PM
    Hello NC-ians,

    I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?


    Please share your experience.

    Thanks,



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  • hibworker
    01-24 03:51 PM
    Hi,

    I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.

    My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:

    Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.

    Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.




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  • Blog Feeds
    06-19 01:20 PM
    AILA Leadership Has Just Posted the Following:


    As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."

    Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.

    This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)



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  • ho_gaya_kaya_?
    11-18 10:45 PM
    Do you have the rejection letter along with the returned application or is that with the lawyer?

    IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
    I was in a similar situation - when my wifes application was lost
    my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one

    Also the rejection letter will have complete instructions on how to refile
    if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...




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  • gc_kaavaali
    07-09 12:14 PM
    Hi guys,

    My daughter is in india and she might be in india beyond 6 months. She has valid visa until next year. What is the procedure to extend stay in india? Please help. I know this is not the proper forum for US citizens. But please provide me details if somebody already done this.



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  • javadeveloper
    07-27 06:21 PM
    If I'am not wrong the interview will be in whichever state you are.

    So we need to choose local lawyers only? we don't have any options to Non-Local(Other State) lawyers?




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  • sbind_77
    09-04 04:52 PM
    March I applied H4 for my wife. It's still pending. She is travelling to India next month and will be back only Feb. Currently she is having valid AP till next yr and we are planning to use AP this time. If you are applying H4 not along with H1 then it'll take longer time, but you can get H4 stamping in India with your husband�s valid H1 document. You don't need to have H4 document for your stamping. One of my friend�s wife similar to your situation got stamping in India without H4 document.

    -Bala



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  • beautifulMind
    07-26 01:44 AM
    Has anyone requested premium processing of I-140 based on expiry of the sixth year of H1B. My 6th year H1B expires next month and I think I am eligible for premium processing.




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  • pd052009
    05-23 09:45 PM
    My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.




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  • bkarnik
    06-25 05:14 PM
    Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.




    raj2007
    06-13 11:07 PM
    As usual to complicate decision making.... :mad:

    Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.

    I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!

    I feel It will be better file I-485.. Change after 6 months.

    Should I just stick on to my current job and ride it out for 6 months to get EAD?

    When does one get EAD 3 months after filing 485 or after 6?
    Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?

    EAD after 3 Months...If date retrogess..you can change job after 180 days and ur wife can work too..




    ragool25
    08-16 03:27 PM
    Hi,
    I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.

    After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.

    My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.


    We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.

    They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
    '' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.

    Can anyone advise me, how i can prove myself in this case.....


    what are chances !


    Please post your valuable thoughts & exp.


    thanks.



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