Wednesday, June 8, 2011

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  • h1bemployee
    02-25 06:07 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help




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  • ryan
    02-03 05:33 PM
    Hi Ryan,

    Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.

    Appreciate your help!

    Thank you

    The lawyers had the Ozzie degree, as well as the US CPA evaluated via an accredited foreign degree evaluator. This was back in the summer of �06. Again, invest a few extra $$ and hire a good lawyer. They can best explain the process / prerequisites to you.




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  • alterego
    06-13 06:21 PM
    It means the immigration sub-committee will discuss and vote on this issue and it is a positive sign in my view that the democratic leadership is allowing this to go forward. If it passes the subcommittee then it will be sent to the floor and may be scheduled for a vote there. I am desperately hoping for a floor vote on this, hopefully the democratic leadership will see the justice on this one.

    The CHC needs to realize that this is not about elitism. The EB community has been through this cycle of delayed EB reform for the sake of CIR on previous occasions and continuously since 2005. We have never opposed a pathway to legal status for the undocumented. It is time that they give us some consideration for our own plight. Failing which they will be seen by moderates as the hardliners.

    Make the calls people. Your call may make the difference, especially if you are in the congressional district of a key contact, please, please make that call. Make a call and consider it your duty to persuade another colleague do one too.




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  • smuggymba
    03-27 08:22 PM
    this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question

    not to judge you, but how did you manage to enter india? Do they allow it?



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  • frostrated
    10-26 10:58 AM
    i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?




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  • Indo-Canadian
    08-30 08:23 PM
    Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.



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  • aph0025
    11-12 09:41 AM
    Hi Gurus,
    It's amazing to see all the good work here! Please keep it up.
    My question is:
    I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?




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  • logiclife
    02-01 12:29 AM
    Everyone:
    There has been enough discussion on this topic.

    UnitedNations (Nadeem) is welcome to post on these forums and we would all be grateful if he can answer some questions related to 140 filing and other issues that he has expertise in.

    However, there is no point in trying to prove to other people who do not know him as to whether or not he can contribute in any way, and how much. What is the point of that exercise?


    Unitednations:

    You are welcome here. However there is no point in this thread that debates your potential value.

    Your help to members here is welcome and the community would be thankful to you for your contribution.



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  • sprash
    05-06 01:30 PM
    Is SBI still the best one around?

    Thanks!




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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.



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  • pappu
    03-17 03:55 PM
    Upcoming Teleconference
    Export Controls Requirements on Form I-129: A Conversation with the Commerce Department

    March 24, 2011, 2:00 – 3:00 p.m. EDT

    The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
    How to Participate

    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.

    Teleconference procedures

    1.
    To ensure your participation, we encourage you to RSVP 48 hours before the call.
    2.
    Please send us your questions and issues related to the teleconference topics ahead of the call.

    If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.




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  • dazed378
    03-29 09:51 PM
    snathan and number30, thanks a lot for your valuable input :).



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  • alterego
    05-09 07:54 PM
    The Employer won`t be touching the I-140 or any other related GC apps.About the time frame for getting same or similar job...I am seriously keeping my fingers crossed!!!!
    Thanks for all the detailed inputs alterego !!!


    Best advise. Try your best to have an AC21 compatible job offer by Aug/Sept time frame. I doubt you'll see any issues emerging before then.
    Your status is legal as long as your 485 is pending. A job will secure your status. Work hard finding a same or similar one.




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  • jambapamba
    07-19 07:48 AM
    NO

    1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.

    2. Affidavits of support for employment based 485's are NOT REQUIRED at all.



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  • Prasad_FL
    08-06 04:29 PM
    Hi Pals,
    Let us exchange the info so that we can contact each other and plan things. My phone no is 954 431 5281. If you do not want post ur info, you can send private messages to exchange the info.
    Thanks,
    Prasad.




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  • jonty_11
    07-14 02:01 PM
    Hopefully so..Thanks
    no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.



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  • martinvisalaw
    07-15 12:27 PM
    Required documents for H1B Visa renewal lists the previous employers experience letter...

    Please advise me....

    Thanks,
    Sangeetha K

    Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.




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  • anurakt
    01-08 09:21 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.

    Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?




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  • franklin
    07-21 03:14 PM
    Please don't dilute IV's group efforts

    There are 2 outstanding action items - have you completed them?




    we_can
    01-29 04:49 PM
    i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to this kind of inactivity and non-response.

    members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.

    we_can




    smartboy75
    05-01 01:11 PM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .
    Hey Vikramaditya

    Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.

    But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.

    Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.

    All the best.



    1 comment:

    1. It was fascinating to read your essay. Reading what you have to say is always interesting. Thank you for your time and consideration. It has helped me, and I hope it will help others as well. h1b changes

      ReplyDelete