Saturday, June 25, 2011

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  • little_willy
    11-25 11:00 AM
    Very true. This is what I did, i changed jobs but still retain the attorney from the previous employer. Also, I did not submit AC-21 papers as suggested by my lawyer. Again, this is your choice.


    on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.





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  • glus
    03-07 12:24 PM
    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.





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  • Queen Josephine
    April 5th, 2005, 02:10 PM
    OK, following Gary's lead, I tried a facelift also. It was a slow day at work so I had lots of time to play with this. Adobe Photoshop Rescue.... :) A little sloppy in one spot that I can see, but hey, it wasn't for real!





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  • nlssubbu
    01-10 01:29 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks

    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks



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  • vxb2004
    11-25 01:24 PM
    Thank you very much for all your inputs. I hope everything goes well.





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  • virtual55
    05-06 06:41 PM
    This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.

    So what will IV gain by meeting lawyers and paying money to just get in?
    Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?

    And if you want to go then go. Why do you want IV to pay your $350?

    First use your common sense and think positively instead of commenting posts



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  • h1techSlave
    04-10 02:34 PM
    I went thru the tracker to see how many are there before Jan 2004 EB3-I. And the news is not good.

    Out of the total cases of 27, 389 (All-no filtering), 757 is before Jan 2004 for EB3-I. That's a % of 2.764%.

    Now, let us extrapolate this figure to find out the total remaining EB3-I cases. If we take that there are 400,000 pending EB cases, the count of Eb3-I prior to Jan 2004 would be: 400,000 * 2.764 = 11, 056 cases.

    With a country quota of 3000 visas, it would take 11056/3000 = 3.69 years to clear this backlog.

    Now a word on the potential visa date movement. I have noticed that there are many PDs in the latter months of 2003 - there are very few people with PDs before June 2003. This points to a very strong possibility of the DOS setting the EB3-I visa date as June/July/August 2003 in the coming months.





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  • crystal
    10-18 10:56 AM
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    C. Personal Check in Mail:

    You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.


    Immigration Voice
    PO Box 114
    Dayton, NJ - 08810



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  • lunar
    07-21 11:43 AM
    I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.





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  • anilsal
    08-15 12:11 PM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Many July 2nd filers have had their checks cashed (as per ). Have you verified that your application reached on June 11 via fedex?



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  • questforgc
    08-26 02:36 PM
    congrats bluez.
    Did you apply for AOS at all?

    If i filed for AOS, can i do a CP like what you have described here?
    I chose CP in my I140 but filed for AOS.

    I guess there is a procedure for switching from AOS to CP, but just wanted to know what you got to say.





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  • chanduv23
    08-07 10:52 PM
    and bump///

    ^^^^^^^^^^



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  • abracadabra
    06-15 01:43 PM
    It is law that he has to give the experience letter from previous employer





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  • chanduv23
    03-15 07:08 AM
    A lot of people do different things on h1b. It is upto you to carefully report your taxes. As long as you don't get a 1099, it is at your discretion on how to report whatever money has been earned.

    The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.



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  • snathan
    04-01 12:11 AM
    Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
    "snathan", can you tell me what are the options for me now in this situation?

    I believe you should be able to go back to your employer A and work with him as you still have valid visa with him. But check with attorney.





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  • GlobalCitizen
    07-26 09:07 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • Aluwal
    08-20 09:44 AM
    Lot of people out there without receipt notice who filed on July 2nd or before�

    Regarding ReceiptingTimes081707, in other threads some of the senior members explained that it means they enter the data into the database� and will take 2 or more weeks to post them back to us/attorney..





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  • OLDMONK
    07-27 05:12 PM
    If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?

    As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.

    http://www.uscis.gov/files/form/i-539.pdf





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  • h1b_tristate
    07-28 08:35 PM
    Hi Everyone,

    Thanks for your replies. I called a couple of lawyer offices and this is the response i got.

    For the candidate to switch jobs here are the rules:

    1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
    AND
    2) To keep getting 3 year extentions, your I-140 in the First company should be approved
    AND
    3) The First company should NOT revoke your existing Green Card application.





    Life2Live
    12-14 03:24 PM
    I got I-140 RFE (EB2) for education as mentioned above I have 3 yrs education and 60+ months of experience and labour says BS or Equivalent Foreign degree with 60 months of experience.

    However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.

    I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......





    ebizash
    08-25 02:17 PM
    poorslumdog,

    I do appologize. I have made some donations today, will be making in the future.
    i will be more active in the posts and compaigns.

    will you please encourage others to respond to my questions?

    Thanks for giving me a wake -up call.

    Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.

    Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.

    I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.

    Hope this helps.



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