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  • jnraajan
    03-29 04:07 PM
    When I applied in June 07, I had the same issue. They approved it on July 3rd, when according to the revised bulleting, the numbers should have been unavailable. (Remember the Fiasco anyone). I guess they decided to use the old bulletin to give me 1 year extension and then the new bulletin to say, I cannot file for AOS. Nice going..





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  • unitednations
    04-04 01:49 PM
    Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.

    **************
    Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
    We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.

    Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?

    Regards


    see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.

    http://immigrationvoice.org/forum/showthread.php?t=24555&page=9





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  • satishku_2000
    05-24 10:07 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM
    How many points will i get??


    you may get 100 points it does not matter, We are still going to have country caps ...





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  • smuggymba
    03-07 02:15 PM
    Hi Smuggymba, very sorry to see you in such a situation...



    These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.



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  • Asian
    12-07 09:26 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.





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  • maddipati1
    01-08 07:54 PM
    i went for stamping in india in Feb'09. Mine wasn't in PIMS. They said that my visa is issued but will get the PP with stamp after PIMS clearance and it might take upto 2 weeks. but luckily i got it in 3 days.

    those whose I-797 was approved around the same time when PIMS was introduced ( i think Oct'07 ), should be careful about this.

    i read somewhere that, they messed up initial data transfer during PIMS launch. so the I-797s that got approved around the same time are more likely to be missed. mine was approved exactly in the same month PIMS was implemented and surely it wasn't in PIMS.

    funny story now ( but painful then )..
    i was aware and prepared for this when i went for stamping. i was at the window of initial screening officer. he took my dox and verified in their system and started writing 'not in PIMS' on top of my app. i was looking at it and i said 'aah! is it not in PIMS?'. he was surprised ( that i knew about PIMS etc) and gave me a look. now, i told to myself 'dude! shut up' :D

    minumum precaution u should take is, take the visa appointment on the first couple of days of ur visit, to have buffer for PIMS.

    but, i read, there is another type of delay that's the nemsis of pink 221(g) or something like that. this is for people who work in sensitive industries like defense, biotech, chemical etc. that surely take a long time, coz they need clearance from washington.



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  • texcan
    07-29 09:53 PM
    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try

    Chandu and Gurus

    I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.

    So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.

    thanks in advance
    -d





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  • a1b2c3
    12-19 11:39 AM
    If you think you displaced some americans, please give back their jobs and leave the country.:rolleyes:. Your GC status need not stop you from doing so.

    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.



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  • WaitingForMyGC
    06-25 09:56 AM
    Bumping up.





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  • uma001
    05-24 09:44 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM.
    My employer is sponsering my green card
    How many points will i get??



    more...


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  • bestia
    08-08 09:08 PM
    ...you can also consider getting married :) which will open up more options for you

    ... as well as closing down many other... ;)





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  • GC_1000Watt
    07-29 05:43 PM
    Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
    So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?

    Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).

    I am not too sure but I guess when you file MTR, you are not required to pay any fees.



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  • go_guy123
    01-04 10:30 AM
    This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.





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  • WaldenPond
    06-29 09:04 AM
    Hello jkays94,

    Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.

    A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -

    “In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”

    “The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”

    At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.

    Thank you Randallemery.

    WaldenPond



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  • amitkhare77
    11-16 12:19 PM
    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.

    Thank you for your reply.

    Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
    If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

    Or can I go out of USA and get back on the same revious H4 stamping?

    Thanks,

    Arpu





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  • krishna.ahd
    02-12 06:08 PM
    both H1 and H4 extension are filed together regularly.

    However, the need now arises to upgrade both to premium processing.

    Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

    But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

    Anyway, thanks for all replies. I'll keep digging....
    It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.



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  • H1InTrouble
    09-18 04:05 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble





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  • ras
    08-14 11:28 PM
    Starting this thread to track the number of people who applied Multiple 485





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  • RLNY122004
    06-15 04:23 PM
    see the reply
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
    --- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.

    2. Did you speak on the phone?
    --- see 1
    3. When was your name check cleared?
    --- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
    --- last one on 06/07/2007 was 10 fingers.
    5. Was your I-485 case trasnferred to Texas/Nebraska recently?
    --- see 1
    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
    --- I got to go now, I will try to come back online later in the night and answer your questions.TIA





    baleraosreedhar
    01-08 12:53 PM
    My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.

    So i dont think there's any new rule.

    if you have a valid I94 then it should not cause any issue





    ARUNRAMANATHAN
    09-14 04:40 PM
    Thanks