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  • gcdreamer05
    11-04 11:23 AM
    Hey this is good news, atleast the crowd will get reduced in chennai consulate :)





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  • admin
    03-28 10:22 AM
    ragz4u,
    I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.

    By the way is there any differnce between 202a3 and 202a5?

    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.





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  • Can2004
    07-13 11:07 PM
    My I-140 has my employers head office address in Part 1( as petitioner/employer). My future job location in I-140 petition is different from the one I am currently working at( on H1B). My H1b and I-140 were filed for different locations.

    Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.

    thanks for all previous replies.





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  • rolrblade
    06-26 08:44 AM
    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

    Thanks!

    I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.



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  • Rockford
    09-10 11:13 AM
    What about the consultants who work on three client places in a week. Three LCAs in a week ?





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  • richana
    01-22 05:58 PM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck



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  • GCard_Dream
    07-28 05:07 PM
    In other words there isn't really any harm in using the travel doc so long as you don't use the EAD and maintain h1/h4. This is good to know. However, I am still thinking about technical details like whether to surrender the I94 or not on the way out and whether I should show both H1/H4 and travel doc to the IO at POE.

    When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.

    Ar





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  • kart2007
    11-19 01:48 PM
    Yes ,I had the same issue, try now its working good

    Thanks, I will try now.

    BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).



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  • Libra
    07-09 02:09 PM
    And many senior citizens die alone in their homes, nobody knows even after days....

    8 Million elderly americans live alone....

    p.s. sorry not a legal immigration issue





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  • indi0818
    03-07 12:25 PM
    People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

    Thanks in advance guys.



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  • kshitijnt
    06-03 05:40 PM
    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.





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  • am4gc
    09-27 12:13 PM
    I took kids to FP office in ohio. They will call you separately, you can take care of the kid.



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  • babydiams
    04-20 04:22 PM
    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."

    Thanks for the input





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  • pmamp
    02-22 11:23 AM
    My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

    Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

    Thanks



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  • resident1374
    02-03 09:59 AM
    Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.





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  • pleaseadviseme
    09-22 06:45 PM
    Any advise would be great of help. Thank you so much guys.



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  • gc_seeker_2001
    01-29 09:48 PM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.





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  • pleaseadviseme
    09-23 07:01 PM
    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.

    Thank you so much, you have been really helpful.

    My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
    or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
    because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!





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  • Prashant
    05-22 11:26 PM
    Cant remember precisely .. as soon as ones information is entered .. there's a link to add another passport..

    as far as I see it they gonna review them together.. but not sure





    tabletpc
    11-09 03:52 PM
    Vikki76,

    Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.

    Ganesh_Sholapur:

    Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.

    1. Do i need to go for stamping in Canada or Mexico
    YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
    So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.

    2. Can i work for company B with my H1B approval.??

    No you cannot.
    3. To start my new job, do my employer should change my status

    Once you return back from india, your status automaticaly changes to H1b.
    4. If going for stamping do my dependents also should join me.

    yes, all should leave the country before u r L1 expires.


    Hope my responses helped you...




    My quires are.
    1. Do i need to go for stamping in Canada or Mexico

    Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
    2. Can i work for company B with my H1B approval
    Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
    3. To start my new job, do my employer should change my status
    Answer: Definitely-YES. I-9 form from employer should reflect this
    4. If going for stamping do my dependents also should join me
    Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together





    freddy22
    04-24 09:26 PM
    Contact an attorney mister. Duh?

    there is a word I am thnking of begins with a M and ends with a N