Friday, June 24, 2011

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  • bugmenot
    11-25 12:39 PM
    i doubt they'll take it on in Spring, with little to no chance of economy recovering by that time (or that whole year) passing an immigration bill will see a major backlash from everyone.

    Good intentions but doubt if it will happen





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  • casinoroyale
    01-07 09:11 AM
    I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.





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  • like_watching_paint_dry
    02-27 01:51 PM
    I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.

    This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.





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  • martinvisalaw
    03-18 03:30 PM
    Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.

    It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.



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  • vine93
    03-15 01:37 AM
    Faxed already.





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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .



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  • Texascitypaul
    02-23 06:25 PM
    Make sure you speak with an attorney who files a lot of marriage-based cases.
    I am looking right now,thanks for that piece of advise,so many to choose from...





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  • GoneSouth
    07-11 11:14 AM
    Congratulations!! Why didn't you do Concurrent filing in June?

    I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.

    Boy did I (and quite a few other people) get a nasty surprise on July 2!



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  • learning01
    05-03 10:09 AM
    They are not going to help resolve issues of backlogs, delays in processing and visa numbers for employment based GCs.
    Clearly, these counter-protesters are doing them under the gard of supporting legal immigrants. My advise - ignore them and don't post or start new threads here. Instead write letters to editors clearly drawing their attention to issues facing legal employment based immigrants.

    I browsed the link provided and nowhere it is mentioned about specific issues of legal immigrants.

    Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.

    They are organising a counter protest against Illegal Immigrants rally :

    Amnesty foes respond

    http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm





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  • tjayant
    04-04 02:21 PM
    I know couple of H1b's working in Boeing unless it is a military project



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  • psvk
    08-06 12:08 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats





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  • everonh1
    06-21 02:59 PM
    I am in same boat.
    Here is my experience with USCIS at San Francisco:-

    Went to USCIS SFO Today.
    They bluntly told me that they have no process to re-issue I-94s.
    Either file an H1 Extension or leave the country and get back in for a new extended I-94.
    I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
    They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
    I asked them if San Francisco CBP will fix it - they said NO,they wont.
    Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
    So I have to go out to any country other than border countries and only then I-94 will be issued?
    How more crazy can USCIS be?

    How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.



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  • santb1975
    02-14 12:03 AM
    These are lengthy but...


    Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org

    Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?





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  • roseball
    02-23 04:51 PM
    Texas allows instate tuition waivers for H1 and H4 visa holders provided they are residents of texas for 1 year. In other words, any H1/H4 holder residing in TX for more than a year only pays instate tuition.



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  • jsb
    11-14 12:11 PM
    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?

    With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.

    Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.

    Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.





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  • Rb_newsletter
    09-18 05:31 PM
    US Laws protect employees completely.

    If at all your current employer wants to do anything they can sue your new H1 sponsor or the end client. If your end client and new employer's attorneys are ok to sponsor H1 and job contract, then you don't have to worry.

    3 years before I wanted to join my then end client directly. But their vendor manager refused becos they had signed an agreement with my then employer stating that they will not hire any resource for 6 months from the date they leave the work.



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  • hiralal
    05-13 07:06 AM
    I agree with the above ..I guess they come up with visa usage statistics and that will give us an idea ..btw ..unemployment will not come down for years and because of recent swine flu ..CIR will have more opposition .. right wing republicans will call for more deportation rather than more open borders !!!





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  • Lasantha
    07-17 04:41 PM
    Screw Murthy !!! I have never seen him picking up any good news.
    Kumar, you better get ready face two law suites from Sheila Murthy. First for misrepresentig her as a Man and second for sexual harrasment. You are in big trouble boy!!!





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  • gman
    03-19 10:04 PM
    That's just like any other transactions. There is no sales tax for real este transactions. There maybe long or short term gains depending on how the house was acquired. Once you are filing as a permanent resident for tax reasons, EAD, AP, H1 etc, do not matter. Bottom line you pay taxes on income (whether short term or long term gain and other rule) and it has no bearing on the details of your legal status.





    arunkotte
    08-10 03:48 PM
    21. The Department Of Homeland Security And The Department Of Labor Will Study And Report On Potential
    Administrative Reforms To Visa Programs For Highly Skilled Workers.





    natrajs
    07-11 06:12 PM
    FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available

    You are correct, Folks who hasn't got the FP done, and their dates are current ( AUG 08 VB), Get a Infopass. It doesn't hurt you, but it may help your case



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