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  • jambapamba
    07-17 06:50 AM
    So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?

    Most cases yes, it will be rejected if the non-immigrant visa is not dual intent type unless the consular officer thinks otherwise.

    H1 is of dual intent type non immigrant visa.
    F1,tourist....are not.




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  • willgetgc2005
    04-13 05:34 PM
    Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.


    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.




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  • YesGC_NoGC
    07-14 02:41 PM
    One of my friend informed that his check has been encashed, his application was delivered to USCIS on July 2nd, His priority date was current in June.




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  • Robert Kumar
    10-20 09:57 PM
    does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?

    in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.



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  • augustus
    05-05 10:52 AM
    Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.


    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07




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  • isserializable
    04-28 09:09 AM
    can somebody please shed some light on this one?



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  • karanp25
    06-13 10:10 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.




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  • ajp5
    02-25 12:56 AM
    Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.




    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
    If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
    Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
    I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.

    Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice

    Thanks a lot for your time. I appreciate your help in this regard.



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  • funny
    09-30 05:57 PM
    Here it is -

    http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb

    So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D




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  • coolpal
    04-22 05:40 PM
    I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.

    The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.

    pal :)



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  • walking_dude
    11-21 11:17 AM
    Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)

    Happy Thanksgiving




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  • rajeshalex
    09-25 03:20 PM
    Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.



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  • raysaikat
    06-14 12:05 AM
    I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.

    Just ask the new company to apply for a new H1B and give them the approval notice of the current one which will show that you have been counted towards the quota.




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  • reverendflash
    10-21 03:59 AM
    Life is like a big bowl of Jelli-Bellys...

    reach in, grab a handful, and make your own flavors!

    :P

    Rev:elderly:



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  • lskreddy
    08-14 11:42 AM
    This topic may be a bit counterproductive to what we've set to achieve as IVians but I hope folks see this in a true light. I could have set the title 'Return to Homeland', in my case its Return to India, hence the title.

    I have been here for the past 9 years and as days progressed, my heart is back home. I may be closer than I ever was to get a GC but it seems I am to a point where I really want to give a shot to R2I. Reasons are several and are probably alike to several of yours. Family, Support and the whole other 9 yards..

    That said, finding jobs back home while you are here in US seem not the easiest. I have seen a few in Google/Microsoft but I suppose there are many more. I am looking to return to Hyderabad. The reason why I am posting this here to is to seek help. If you or your friends work for companies that are looking for experienced managers to R2I, I would appreciate if you could post it here or PM me.

    I am looking to R2I early next year but if the right opportunity comes along, I cud do it sooner than that. Thanks.




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  • abdulazeez77
    08-14 04:16 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez



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  • gcseeker2002
    11-04 03:29 PM
    Also thanks to the sleeping gowda(devegowda) family and congress party in karnataka for being so busy amassing massive amount of personal wealth and fighting with BJP that they gave up any interest to ask for the consulate in Bangalore.




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  • senthil1
    03-03 05:35 PM
    Whatever your employer telling may be true. Most clients will take 60 to 120 days to clear invoice. If your employer promises to pay within 3 to 4 months you can wait for that and take action.

    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.




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  • manderson
    02-08 10:51 AM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.




    jayleno
    09-23 04:43 PM
    :D:D Great sense of humor....or are serious?

    C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.




    rego
    04-22 11:43 AM
    My Regular H1 Extension (8th Year) was approved in one week, in March.



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