logiclife
12-26 03:46 PM
I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.
About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.
About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.
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bank_king2003
02-12 02:05 PM
Would you mind asking source/link for "another 13,000 shifted over"?
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
tooclose
07-12 06:59 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
You deserve a happy hour if thats true, since my PD falls within that window :)
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
You deserve a happy hour if thats true, since my PD falls within that window :)
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JazzByTheBay
03-10 01:15 PM
Most of our members lose focus after the first week of anguish immediately following a visa bulletin.
After that, we willingly engage in:
1. LUD-watching (as a sport)
2. Social networking on IV (reading forum threads, responding, stating how anguished we feel, talking about our contributions to the U.S. and how unfair the system is... )
3. Punching the clock, waiting for the next visa bulletin thread
4. Posting and speculating on the next visa bulletin thread, while waiting for the actual bulletin to show up
5. Continue to blame USCIS, DoS, the Congress, the President, and the American people for not realizing our importance.
6. Back to #1 (rinse, repeat... ), and hope for different results.
What we will not do (skip this if you are participating actively):
1. Participate in IV activities/action items
2. Willingly contribute time and/or money towards achieving our goals
As President Obama says (Boston Globe | Obama: Time of crisis can be 'great opportunity' (http://www.boston.com/news/nation/washington/articles/2009/03/08/obama_time_of_crisis_can_be_great_opportunity/?rss_id=Boston.com+--+Latest+news)), an economic crisis presents the biggest opportunity for drastic change.
"We've experienced great trials before," Obama said. "And with every test, each generation has found the capacity to not only endure, but to prosper -- to discover great opportunity in the midst of great crisis. That is what we can and must do today. And I am absolutely confident that is what we will do."If the President sees this time of crisis as a great opportunity, I see no reason why we should see the crisis as the greatest handicap for not working towards change.
Let's realize that we will never reach our goals in this lifetime without working for that change.
jazz
the problem is that we come up with such ideas only when visa bulletins come ..after few days everyone forgets.
there is not much direction from core either and that makes you wonder if there will be any campaigns at all in the future for recapture
the problem is that we come up with such ideas only when visa bulletins come ..after few days everyone forgets.
there is not much direction from core either and that makes you wonder if there will be any campaigns at all in the future for recapture
After that, we willingly engage in:
1. LUD-watching (as a sport)
2. Social networking on IV (reading forum threads, responding, stating how anguished we feel, talking about our contributions to the U.S. and how unfair the system is... )
3. Punching the clock, waiting for the next visa bulletin thread
4. Posting and speculating on the next visa bulletin thread, while waiting for the actual bulletin to show up
5. Continue to blame USCIS, DoS, the Congress, the President, and the American people for not realizing our importance.
6. Back to #1 (rinse, repeat... ), and hope for different results.
What we will not do (skip this if you are participating actively):
1. Participate in IV activities/action items
2. Willingly contribute time and/or money towards achieving our goals
As President Obama says (Boston Globe | Obama: Time of crisis can be 'great opportunity' (http://www.boston.com/news/nation/washington/articles/2009/03/08/obama_time_of_crisis_can_be_great_opportunity/?rss_id=Boston.com+--+Latest+news)), an economic crisis presents the biggest opportunity for drastic change.
"We've experienced great trials before," Obama said. "And with every test, each generation has found the capacity to not only endure, but to prosper -- to discover great opportunity in the midst of great crisis. That is what we can and must do today. And I am absolutely confident that is what we will do."If the President sees this time of crisis as a great opportunity, I see no reason why we should see the crisis as the greatest handicap for not working towards change.
Let's realize that we will never reach our goals in this lifetime without working for that change.
jazz
the problem is that we come up with such ideas only when visa bulletins come ..after few days everyone forgets.
there is not much direction from core either and that makes you wonder if there will be any campaigns at all in the future for recapture
the problem is that we come up with such ideas only when visa bulletins come ..after few days everyone forgets.
there is not much direction from core either and that makes you wonder if there will be any campaigns at all in the future for recapture
more...
Administrator2
04-20 07:38 PM
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Macaca
09-19 09:33 AM
The placards were heavy. My shoulders hurt and I workout 4 days/week.
Workout with a physical trainer specially trained in carrying placards before the rally!
Workout with a physical trainer specially trained in carrying placards before the rally!
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logiclife
12-21 10:28 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
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indianindian2006
07-14 05:52 PM
PD: Jan 2006
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
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vinod_gvk
09-26 11:58 AM
They Changed and uploaded it around 12.15PM
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EB2_Jun03_dude
04-25 10:49 AM
Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
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akhilmahajan
09-26 12:12 PM
No, dont worry about it, it's proved that together we can do anything. so please unite and work for our cause.
The article is fixed and i am sure you are aware of it. so, lets not send the reporter any more email.
GO IV GO
TOGETHER WE CAN
The article is fixed and i am sure you are aware of it. so, lets not send the reporter any more email.
GO IV GO
TOGETHER WE CAN
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nk2006
04-03 05:56 PM
?? A new bill in senate to reform H1B ???
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
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unitednations
12-21 10:52 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
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gcformeornot
08-15 03:59 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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GCOP
07-11 01:26 PM
Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
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map_boiler
07-05 05:30 PM
Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...
This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
3) Get this matter the attention it deserves in the media
4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.
The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....
With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...
This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
3) Get this matter the attention it deserves in the media
4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.
The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....
With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...
more...
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Ramba
07-15 10:54 AM
I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
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kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
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arc
09-26 10:45 AM
We should also start using the word Green Card the reporters gets confused by the temp and perm visa or employment based visa... also we should also have designated people to talk to reporters who can explain the problem in nut shell.
Madhuri
04-02 03:41 PM
You are absolutely right about rippling effect. I personally know someone, yet to graduate, yet to get OPT also, but got trained in ETL/Datawarehousing before graduation, got a job thr' desi shop as a H1 consultant with 6 years experience. I was really shocked to see the level to which people can lie. I am sure their lies won't stand in critical work situations when REAL exp. is warrented. But the damage is already done.
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
vijayassr
08-05 08:53 PM
Hi, Looks like you have a propabilities now.
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
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