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  • amsgc
    04-17 08:36 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..




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  • satishku_2000
    06-08 01:01 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    rimzhim , Totally agree with ya ...




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  • franklin
    02-12 06:04 PM
    But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.

    Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)

    Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.

    Your thoghts are important. Please let me know.

    Thanks

    For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.

    If I was in your shoes, yes - I would probably do exactly what you are thinking of.

    Like I said though, its a personal choice




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  • casinoroyale
    01-24 04:36 PM
    I don't think you need to withdraw your H1B visa application.


    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!



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  • friend99
    08-12 12:08 AM
    Thanks a lot for the replies! I am going to wait and see and hope for the best as I know sending any contradicting document at this point will just make matters worse.

    Thanks a lot!




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  • kaisersose
    08-24 01:50 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.



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  • smiledentist
    10-21 04:55 PM
    I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.

    Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.




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  • pappu
    12-18 09:07 AM
    Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
    they all cleared we may get a better picture of the Plight of EB3 & EB2.

    My guess is that anybody who has a PD (India)

    Jan 2003-Dec2003 9 years
    Jan04-Dec04 12 years
    Jan 05 > 15 years
    as per present law.


    This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

    One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
    Good luck to all
    babu

    well said.
    We have better chance of success if we are a stronger organization. Efforts by members need to happen everyday and not only on the day when senate/congress is in session and discussing a bill. We can achieve success if every member is actively involved in the action items.



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  • ram_ram
    09-11 02:59 PM
    The PDF says

    FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200

    So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)


    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.




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  • cfan666666
    06-22 03:45 PM
    Thank you for the information,

    according to this link:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD

    There are many mailing addresses for TSC


    USCIS TSC
    P.O. Box 851983
    Mesquite, TX 75185-1983

    USCIS TSC
    P.O. Box 850965
    Mesquite, TX 751185-0965

    USCIS TSC
    PO Box 850919
    Mesquite, TX 75185-0919

    USCIS TSC
    PO Box 851182
    Mesquite, TX 75185-1182

    USCIS TSC
    PO Box 852685
    Mesquite, TX 75185-2685

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 279030
    Dallas, TX 75227-9030

    USCIS TSC
    PO Box 851804
    Mesquite, TX 75185-1804


    Any idea for filing 485?

    thank you and have a nice weekend.



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  • kumarc123
    05-19 11:10 AM
    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.




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  • meridiani.planum
    08-11 11:41 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.

    of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
    DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.



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  • hydubadi
    03-31 02:13 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:




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  • eb3_nepa
    07-23 12:08 PM
    ya , in ur words agents

    raju_abc. With all due respect to new members.

    For one, where you should work is up to you and this forum is NOT the place for questions like, what location is the best to work at.

    Secondly, do you realize that you have wasted a perfectly good H1B visa that someone else could have obtained?



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  • ras
    05-30 01:31 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...

    Sure that helps...

    I didn't get what the below means

    "this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."




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  • pappu
    05-11 12:51 PM
    can we listen to this program online?



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  • X-Wing
    05-15 04:33 PM
    To Bindas74,

    Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

    On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

    Thanks,




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  • vinay@ocean
    06-08 11:52 PM
    Hi all,

    I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .

    I have applied and got a new passport .

    I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.

    I am leaving 3july next month...what need to be done....i dont even have a VISA.

    And what needs to be done for B1 VISA.

    I emailed the chennai US embassy but couldnt get any reply............



    PLEAASE...HELP:(:confused:




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  • mermaid2084
    11-21 05:51 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.




    buehler
    07-10 04:22 PM
    Here is the link - Visa Bulletin for August 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html)




    Sakthisagar
    04-28 10:05 AM
    I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)

    but the author comparing India & Mexico having strict rules.. common...

    India have borders open for Bangladesh and whoever crosses the border, with out any shame

    the present ruling party kaangress is giving Ration Card and Voters Id.

    Mexico we all know how tuff the law is and what they do.

    So Please do not compare apples with oranges.. whoever is the author.

    Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!

    here there is no legals and illegals now, no one should be allowed to do divide and rule policy.

    now Legal and Illegals are almost the same on immigration thing at least.

    Hispanics made us hostage so go with the flow.



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