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julsun

01-03 12:55 PM

From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

Yes she not current visa status :-( Thats why I am worried about her travel plan.

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amsgc

11-26 01:34 AM

Cygnet,

There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.

Hello Friends,

I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

Thank you.

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Lasantha

04-01 08:22 PM

I don't see any advantage in doing that but then I am not an expert or an attorney either.

Thanks,

Ok, let me put it this way.

Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

So in this scenario, is the any difference vs. filing concurrently or not?

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Steve Mitchell

January 3rd, 2005, 01:06 PM

As of 1-03-2005:

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theconfused

03-18 05:08 AM

Dear All,

My history has be read at -

http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553

Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.

On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).

On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.

The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?

I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.

Do you guys have any idea what is likely to happen when i submit my passport?

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needhelpASAP

04-25 06:04 PM

Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:

While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.

My H1B was processed with premium processing fee.

H1B approved on 04/20/2008. (But it will be effective n October 1st)

I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)

Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)

Am i still eligible for employment? (I have my OPT till 06/22)

Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?

Thanks in advance!

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jcrajput

12-31 09:26 AM

Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?

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Anders �stberg

June 2nd, 2004, 12:11 PM

A little update; I was asked to send some of these pictures to Sveriges Ornitologiska F�rening (main ornithological society), and the pics are now on their home page (http://www.sofnet.org) with a short story (http://www.sofnet.org/index.asp?lev=2125&typ=1) . No biggie, they accept user contributions, but flattering just the same. I can now sort of say I've been published! :) Maybe the link to my home page can lead to something (uhh, no pun intended).

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calboy78

08-10 07:16 PM

Sorry, I did not phrase it properly. Apologize.

The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.

What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.

I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.

Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!

The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.

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SlowRoasted

04-24 10:29 PM

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abheja

08-25 04:59 PM

Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?

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howzatt

07-18 10:32 AM

Guys,

If we cannot even contribute $10 PER MONTH, that is really really cheap of us.

eb3,

with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

I know your intentions are good and ...

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loveiv

06-18 05:11 PM

someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?

Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant

This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.

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ultimate_champ

11-27 09:49 AM

Thanks all. Appreciate it.

I'll keep you updated what happens next.

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puskeygadha

06-04 09:49 AM

it will take 5-6 months from now atleast

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mallikonnet

07-19 11:12 PM

Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

I think we have a looooooooooong road ahead to get our GC......

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manderson

05-21 02:10 PM

...only problem is they care only about H1:

US-India visa row overshadows Doha talks

By Alan Beattie in London and Jo Johnson in New Delhi
Published: May 17 2007 17:52 | Last updated: May 18 2007 03:23

Tentative signs of progress among the four core negotiating partners in the so-called �Doha round� of world trade talks have been overshadowed by a row over US visas given to Indian information technology workers.
Two days of negotiations between the US, the EU, India and Brazil began in Brussels on Thursday, as officials said talks had accelerated from the sluggish pace they have shown for most of this year.

But Kamal Nath, Indian trade minister, warned that US reluctance to allow Indian IT workers to enter the US on highly skilled �H1-B� visas jeopardised progress. Seeking to shift the emphasis away from India�s intransigence about exposing its farmers to international competition, Mr Nath said a failure to increase the H1-B quota would deny India the export gains it needed to make a deal.
Echoing language often used by the EU and the US, he told the FT on Wednesday: �We agree that the talks cannot move forward with agriculture alone. Our services interests must be satisfied for progress to be made.�
Delhi reacted angrily this week to a letter sent to Indian IT companies by two US senators, alleging fraud and abuse in the H1-B programme. Charles Grassley and Richard Durbin, members of the Senate subcommittee on immigration, said the visas were being used to undercut US workers with lower-paid foreign employees.
In a letter to Susan Schwab, US trade representative, seen by the FT, Mr Nath said that the approach, which was not made through the office of the US trade representative, was surprising and unwelcome.
�Such direct intervention by US senators would only create uncertainties in the minds of these companies and undermine business confidence, especially in the current negotiations on services,� the letter said.
So great is demand for H1B visas from Indian IT companies that this year�s quota of 65,000 was filled in a day. An Indian commerce ministry official said on Thursday that India wanted the annual cap lifted to 115,000.
A USTR spokesperson on Thursday declined to comment on either the senators� letter or the negotiations over visas in the Doha round.
Officials and ministers expressed some guarded optimism ahead of this week�s meetings of the four negotiating partners, though remained non-committal about the substance of talks. Ms Schwab said that some issues, including access to the agricultural markets of developing countries, a key demand of the US, had further to go than others.
The rest of the World Trade Organisation membership, among whom frustration with the �group of four� has been rising, has been trying to increase pressure on them to make the trade-offs necessary to achieve a framework agreement before the traditional WTO summer break in August. �They are moving, but whether they are moving fast enough is another question,� a trade official said.
Crawford Falconer, the New Zealand ambassador who chairs the farm talks, last week released the first of two papers setting out the terms for a possible deal.

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pthoko

07-05 03:07 PM

Hi All,
Please clarify my doubts if you can.

The G-325A form is asking for dates of previous employment. I have an issue here.....

I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

Thanks.

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boston_gc

07-09 11:01 PM

I am sure there are many guys in this forum as frustrated as I am and we all have been wondering what our other options are. I also know that lot of people have started to think very seriously about immigration to other countries.

Based on our current circumstances, I have been wondering if it will be worth making a collective effort. In other words, how about if wrote an open and collective letter to leaders of the other immigrant friendly countries about our interest in immigration to their country for the mutual economic and professional benefits. I know this sounds a little silly but if USA is not ready to recognize and appreciate the benefits of legal immigrant community then I am sure there will be several other countries willing to benefit from this situation and gain competitive excellence. After all, we are all professionals and we all have lot to offer to the economy of today's competitive world. I believe we deserve a little better than we got right now.

Any thoughts?

adGurkha

06-29 12:47 PM

I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?

nixstor

12-02 10:42 PM

IV is not for any particular nationals. While ROW is also affected because of retrogression, India and China are severely affected and there is hardly any movement in EB2/3 for India. The hard country limits in EB system and inability to capture unused visa numbers are just 2 of the many reasons responsible for retrogression. These forums have been misused by some people to advertise about their firm. May be the other member skimmed through the post and considered it a similar ad. OP has given a fitting response. Welcome to IV.

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