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  • pa_arora
    09-20 05:19 PM
    How does that help us?

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  • karthic
    12-18 03:53 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.

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  • santa123
    06-09 11:20 PM
    I suggest that you put things in black and white.
    Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.

    Pls be polite with your wordings as this may help resolve the issue itself.

    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

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  • extofu
    03-07 11:07 AM
    you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...

    Could you please elaborate? I have a stamp from company A but I have quit it in 2005.


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  • redcard
    07-16 09:27 PM
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..

    I doubt this very much to be case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..

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  • gvenkat
    03-20 04:04 PM
    i think any form of protest will get u arrested.. rally is a diff thing... ppl have to realise all these immigration benefits are a privilege and not a right... its just so plain unlucky that so many of us with Master's Degree were forced to file in EB3.

    Change of government is the only way. Bottom line is no one cares about us... cos we dont have a vote, we play the taxes, we pay SS/Medicare.. they know we will be here until we are forcefully pushed out....

    P.S: before anyone starts a question asking what i have done.. I'm a responsible "immigrant" and have done and will do whatever i can


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  • atlgc
    06-01 11:15 AM
    when you say
    "If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?

    once it shows up then send a interfile request correct or send eitherway

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  • yodamom
    June 26th, 2006, 05:26 PM
    Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?

    Nope - I wouldn't pay to see that.

    Spouse's H1-B extension based on husband's I-140/I485 app. [Archive] - Immigration Voice

    View Full Version : Spouse's H1-B extension based on husband's I-140/I485 app.


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  • spaceguy
    11-11 11:24 AM
    My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
    Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
    Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
    Thanks for your advice

    As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever

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  • jonty_11
    02-06 11:00 AM
    I am talking to my lawyer about that. They are pondering over it. I will let u guys know what they come up with.


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  • ddeka
    12-31 09:20 AM

    I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..

    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
    Your help is greatly appericated.

    Thank you.

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  • forever
    07-27 02:41 PM
    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
    Good Luck.

    I would go ahead with this option.


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  • chaukas
    06-14 06:46 PM
    Isn't the Alien Number the A# on the I-140 ?

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  • radosav
    04-19 04:40 PM
    happy to see so many folks can finally apply for I-485 and many stuck in retro can finally get GC.

    my PD is nov 2005 so I guess we will be waiting to apply for I-485 for a while (perhaps, 3-4yrs) :cool:

    or not!:p


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  • boreal
    09-08 07:48 PM

    I like the way you implemeted the voting. But when my friend tried to vote he cannot see radio buttons to vote. Even I cannot see. Can you please check.

    Please implement PD and Dependents ASAP. Stick this link on main page so that we can refer easily to our friends.

    This will be sure a success down the line
    Another interesting thing to add would be the list of those who have applied in both EB2 and EB3..

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  • YesGC_NoGC
    02-18 01:25 PM
    No 2nd FP

    PD - Sept 2002 - EB3-I


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  • njboy
    03-07 06:36 AM
    it would be difficult to show how a french degree is useful in your current job. Many companies get h1-b approved by showing a "business necessity", they need travel agents who speak a certain Indian language etc. Doing an MBA definitely will help, but not with the current job description. They are going to ask why the job requires an MBA?Ofcourse if you got a job teaching French, h1-b visa will be granted.

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  • snathan
    07-27 11:44 PM
    Hi All!

    Appreciate if you have any suggestion for my case:

    My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.

    USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.

    My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.

    I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.

    Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.

    Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.

    EB2 PD Date: Dec 2005.
    I-140 denied: 10 Dec 2009
    I-140 appealed: 05 Jan 2010
    I-140 sent to AAO: Feb 25 2010
    I-485 Denied: 31 Dec 2009
    I-485 appeal: none

    Appreciate your help and if you can point me in right direction.


    The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.

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  • luish73
    07-21 10:59 AM
    This is a 100% partisan vote. Most yes are R most No's are D

    08-11 10:13 PM

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!

    12-05 04:12 PM
    Thanks but I'm not moving in that area.

    he's moving exactly where we need him :-)
    good desicion!

    we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative quota...whatever...!

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