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  • desi3933
    02-11 11:59 AM
    Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim

    If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.

    Person has to file for another change of status if he/she wants to go back to old status.

    __________________
    Not a legal advice.




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  • rongha_2000
    07-11 06:08 PM
    This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.

    IV Core Team, please draft a template so that everyone could use.

    Thanks Mihird for finding this link. Great Job!!!
    Here is what I sent
    ***************
    So much for illegals and nothing for legals who played by the rules? Is there a hope for us legal immigrants anywhere in sight?

    I request you to please look into the case and feel the pain and frustration we go through every day.

    Attached is the link
    http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
    *************************




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  • cyber
    08-10 04:56 PM
    what's your plan posting this information ????




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  • roseball
    10-08 06:32 PM
    Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?

    Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.

    Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).



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  • saran4
    03-03 09:05 PM
    Hi all,
    consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
    why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

    what may be the reason? why they are concerned about the offshore salary?




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  • h1bemployee
    06-23 06:29 PM
    On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.

    As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?

    I am assuming this from the information I got form this forum. I am really confused..



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  • va_dude
    10-17 09:45 PM
    Do you mean the first two digits of these two job codes:
    13-2011.02 and 13-2011.01

    So as per this law form, since they both start with a 13 we are good?

    -R




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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris



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  • extra_mint
    09-15 01:11 PM
    Congratulations ....


    wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy




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  • GCNirvana007
    10-08 05:03 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.



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  • vin13
    12-02 01:21 PM
    We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
    If you do not get help in one of the offices, try your luck at another USCIS office.




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  • prom2
    11-02 10:20 PM
    AP docs received.

    Just waiting for GC



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  • sbabunle
    12-17 09:45 PM
    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




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  • gc_kaavaali
    09-16 05:03 PM
    It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.

    Having stated the above which pretains only to those cases which are still in process.

    For those who have their GC in their hand, the situation could be slightly different.

    If you do not join the company, it is considered as SHAM EMPLOYMENT.

    I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.

    GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.

    By the way, I have decided to join another company after 2 months.

    Jumping the boat immediately might cause trouble.

    So please be patient and give it as much as time as possible. I will say at least 2-3 months.



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  • dilbert_cal
    09-26 06:15 PM
    this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.

    Cool down yabadaba. No need to generalise stuff.

    There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.

    OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.

    Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.

    OP - If you can provide more details about your case, it will be helpful.




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  • chanlal
    07-31 04:32 AM
    Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

    Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

    2, Offer letter with agreement of employment just before going to us consulate for stamping.

    I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

    BG got expired on last month and now they want me to travel to US immdly.
    If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

    I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.


    I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

    Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

    Thanks



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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D




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  • casinoroyale
    09-05 10:11 PM
    Yeah, call customer service and ask them to send new copies with correct picture.

    Now the funny part is, who is going to get your picture on their AP. :D




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  • Eberth
    10-13 04:28 PM
    :(




    chanduv23
    12-09 08:17 AM
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    akhilmahajan
    05-03 08:42 PM
    that was pretty fast............ i wish everyone else is that lucky also........



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