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  • cheg
    08-21 03:15 PM
    I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

    Gurus,
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.





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  • logiclife
    08-21 06:07 PM
    Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.

    While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.

    For this, there are 2 solutions:

    1. If you are already with this employer:

    If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.

    You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.

    2. If you plan on joining an untrustworthy employer in future:

    When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.





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  • prabhu07
    05-21 12:42 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.





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  • reddymjm
    03-16 01:22 PM
    Guruji - Can you please predict something about my GC application too :D

    Shishyaji, Your PD is 18 months after mine. Keep checking on me. You should get your GC after an year or two after mine, until unless the recapture or some magic by USCIS/DHS.



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  • Daisy
    05-25 04:35 AM
    Fax sent





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  • slowwin
    05-22 04:44 PM
    Tying EB related issues to Wall street is a self defeating enterprise right now in this economic climate.., if our issues are equated with wall street brain drain, we may not get much sympathy from the common public, therefore the politicians.


    Hello All,

    In Interesting article/Video posted by Yahoo Finance


    Contrary to popular opinion and the view of many politicians, the "brain drain" issue on Wall Street is real, says Dave Kansas, author of "The End of Wall Street as We Know It."

    Kansas, a Wall Street Journal contributing editor, notes the concurrent trends of foreign-born workers returning to their home countries and Wall Street's homegrown "risk-takers" joining smaller firms or opening their own boutiques.

    In other words, when CEOs like Morgan Stanley's John Mack and Citigroup's Vikram Pandit complain about the risk of losing the "best and brightest" if the government imposes onerous restrictions on compensation, there's validity to their claims, Kansas says.

    These trends - compensation restrictions, the rise of boutique firms, more competition from international competitors and big shops becoming more risk-averse - come in the wake of a largely self-made cataclysm that hit Wall Street in the past 18 months.

    And Kansas notes it's "early innings" in terms of both the industry's transformation and the new regulatory environment that's certain to come down the D.C. beltwa



    ARTICLE CAN BE ACCESSED AT:

    http://finance.yahoo.com/tech-ticker/article/253392/The-New-Wall-Street-%22Brain-Drain%22-Threat-Legit-as-Boutiques-Foreign-Firms-Rise?tickers=GS,JPM,MS,C,XLF,FAS,DB?sec=topStories&pos=9&asset=&ccode=


    MY QUESTION TO YOU ALL

    Do you think the govt will do something soon about this? Can we expect a merit based point system in the new CIR? Does anyone has information on merit system in new CIR?

    Please advise.


    Thank you



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  • desi3933
    06-22 07:40 AM
    Hi,

    Can you pls help:

    My wife is currently on H4.
    She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

    Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

    Questions are:

    1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

    2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

    I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

    Please advise and help - thanks in advance.

    1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Good Luck.

    Not a legal advice.
    -----------------------------------
    Permanent Resident since May 2002





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  • kshitijnt
    02-10 07:46 PM
    Forget about it. USCIS will waste 3699 more visas this year on and show anti immigrants that they have done something for them.



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  • friend_in_NC
    02-13 02:19 PM
    Hello Friends,

    My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

    Thank you,

    ------------------------
    P.S : Yes, I have contributed to IV :)





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  • ramaonline
    07-10 07:37 PM
    My friend has this scenario and want expert advise from IV members.
    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
    - I140 still pending

    Question:
    1. Does L1 period is counted for H1 extention?
    [I]H1 term of 6 years includes l1 time and excludes vacation periods

    2. Can he do H1 transfer using AC21 without I140 approval?
    Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]

    As 6 years are going to be expired?

    3. What if the old employer revokes his I140 now? His GC process is invalid?
    premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible

    4. If we leave about GC, Can he do H1 transfer atleast?
    Yes based on approved LC + h1 extension.

    Note that gc is for a future job offer.



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  • Bezzer
    09-07 08:39 AM
    oh...i need a footer... heheh :)





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  • pd_recapturing
    10-14 08:59 PM
    Please suggest. Bumping up ...



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  • Berkeleybee
    03-07 02:35 PM
    Hi,

    A while ago on one of the conference calls, if i remember correctly, it was mentioned that there wud be a team of ppl who would be aggressively calling up people and ask them to join.

    First off am i correct? If i am correct, I was wondering if the same team could look at the contributions from the various members and call the "dormant" members up and ask them why they are apprehensive to contribute.

    Eb3_nepa,

    What volunteer team are you on?

    How about helping or taking the lead on this?

    Contact Jay jay@immigrationvoice.org who heads our membership drive team.

    Everyone -- if you've got an idea, find out if it is already being implemented, and join in the effort. If it isn't take the lead and implement it!

    best,
    Berkeleybee





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  • pa_arora
    04-19 07:08 PM
    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten



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  • ashrock11
    02-04 04:03 PM
    Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.

    Thanks





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  • guesswho
    03-13 04:58 PM
    Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.

    The drawbacks I can think of -
    - ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
    - I don't know how it will affect your pending AP application.


    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

    Pls take a moment to reply



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  • sdpkelkar
    01-27 12:13 PM
    They're all awesome IMO...but Perlin circles is primus inter pares for me :P





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  • raj2007
    06-18 11:19 AM
    Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.

    but I am not an expert so I guess others around here might have a different take. Best,


    you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.

    Can't you get EAD from local USCIS center after 90 days if it was not processed?





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  • cagedcactus
    07-27 11:08 AM
    Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....

    thanks for the kind replies...





    meridiani.planum
    12-31 01:05 AM
    Thanks a lot. This helps me.
    Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.

    you can file EAD on your own, see the self-filing threads on IV, or other webapges on sites for required documentation. Dont spend money on an attorney just for this.





    sk.aggarwal
    03-25 01:52 PM
    I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?

    As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that