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Monday, July 11, 2011

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  • baba84
    04-28 08:17 AM
    could you be a little more specific as to what "a" and "b" or "h" are addressing.





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  • coolguy_420
    07-01 04:24 AM
    Hello,

    I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.

    I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.

    The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.

    Your response is greatly appreciated.

    Thanks!





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  • DDash
    10-27 08:28 PM
    Could you share information about your attorney?

    If you are case is straight forward and If you are doing H-1 transfer, dont waste money on AC-21. Wait until if and when you get a RFE and respond. Do you need an example of some one who got his GC by not filing but who shifted his residence from east coast to west coast?...you are looking at his message.

    Just my 2 cents for what it is worth....

    Good luck!





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  • okuzmin
    06-04 08:16 PM
    I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.



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  • kunjakka
    07-13 10:26 AM
    Hmm, somebody can confirm this. I am in Houston, Texas

    While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.

    I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.

    Has anybody had a similar experience? Please share

    I am planning to call USCIS tomorrow. I will update you all in the details.

    My main concern now is
    1. I do not want to send supporting documents to two places (so that they dont get confused)
    2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
    3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"





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  • ramaonline
    12-08 11:04 PM
    H1B requires a minimum of bachelor's degree which is 16 years of education. Also, 3 years of work experience is considered equivalent to 1 year of college education.

    You can qualify for H1B if you have some experience in addition to the 3 year degree



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  • nixstor
    12-16 10:40 PM
    My wife would like to change from H4 to F1. How ever, we might need to go out of country after she changes to F1. Is there any one here who has gone to Canada/Mexico/India to get their F1 stamping done recently?





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  • milmuk
    08-24 06:47 PM
    Hello experts,

    I work for a small company,which is holding my H1.Through this employer,
    I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.

    They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?

    My details are as follows:

    My details :
    H1 - six year completion in Oct 2010.No H1 stamping on passport
    EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
    AP - valid till Dec 2010

    Even though I had EAD, I never used it for employment.
    I returned to US last month.I used AP at poe since I didn't have project.

    Please advice.

    Thanks



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  • cox
    June 12th, 2005, 11:52 AM
    From these shots, it looks like you made a good investment :)





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  • anilsal
    01-03 12:00 PM
    http://www.indiapost.com/members/sto...?story_id=5938

    The Indian PM asking for liberalized immigration in the developed world.



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  • panky72
    06-24 03:23 AM
    Hello everyone,
    I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.

    I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.

    1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?

    2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.

    3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?

    Thanks in advance

    You can find some of the answers here.
    http://immigrationvoice.org/forum/showthread.php?t=19743





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  • sparky_jones
    06-02 10:27 AM
    My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.

    I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.



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  • Devils_Advocate
    05-07 01:10 AM
    As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.





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  • ash0210
    03-28 02:34 PM
    Also, if at all we are supposed to call, at what time? CST/EST?

    Core Team please advice.



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  • ski_dude12
    01-20 04:08 PM
    Yeah. Mention the company's name that filed GC for you/wife. I did the same for my wife. During the interview we both were asked about whether employer had filed for our GC and we said yes. We got the visa, no issues whatsoever.





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  • gcpool
    11-16 09:07 AM
    You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.



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  • gc03
    05-12 08:05 AM
    The passage of the CIR in the Senate is reportedly almost assured. The question remains how much change we will see in the Senate's final bill. One of the agreements which the leaders of Republican and Democrat Senators reached as part of the deal involves the procedural matter that will allow "amendments" on the floor to the CIR proposal which the Senate almost passed when the Senators left for the Easter break in April, 2006. It is thus likely that there may be introduced a flurry of amendments on the floor and a fierce battle on these amendments. Accordingly, the liberal version of the Senate proposal may be substantially compromised before it is enacted into a law this year. We will see the first compromise in the Senate this month before the Senate passes its bill. The second compromise will take place during the Senate-House Conference Committee proceeding after May 2006. It is thus almost certain that the current CIR proposal in the Senate may be substantially toned down and compromised to accomodate the hawkish conservative Senators and members of the House.

    Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.

    May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!





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  • raja_san
    05-20 12:00 PM
    Thank you all for the reply and the information.

    So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?

    Thanks.





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  • updsoft
    09-23 10:31 PM
    thank you very much !





    days_go_by
    02-12 04:08 PM
    Hello

    I have got done my medical exam required for adjust of status.
    My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
    My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485


    The doctor should have given u a sealed envelop, how do u know there is only 1 page? 4 pages of 693 are basically the same form, 4 copies. I think you should be ok, Doctors dont mess this us usually. You need to send this envelop with your papers. Passport number and receipt numbers are not needed, how would you have the file number if you havent filed 485/140 yet?


    He has only given me page 3 of the attached file, is that sufficient?
    http://www.uscis.gov/files/form/I-693.pdf

    http://www.uscis.gov/files/form/I-693.pdf

    Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.

    what's in the RFE?

    Thanks.

    Sorry, need more info about ur RFE





    gc_chahiye
    09-19 05:21 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?

    yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.



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