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  • newlife2
    09-19 10:15 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • martinvisalaw
    07-17 11:42 AM
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.

    There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:

    $320 I-129 fee
    $1500/$750 training fee (as it's usually called)
    $500 anti-fraud fee.





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  • adde72
    05-22 09:47 PM
    What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.


    I assume USICS will accept the Labor's and I 140 until in the old form until the merit based system was introduced .I assume the transition will be like the introduction of PERM





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  • tnite
    06-27 11:22 AM
    Is this information true?

    My 140 is pending and I don't have the A#. Can I use that from my OPT card?


    yes. use the A# found on your OPT EAD



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  • Anysia
    02-26 11:22 PM
    To Texcan...the idea of looking for another state taht will accept BSPT is a good idea. Ill explore that solution. I appreciate that.

    I have already talked to a lawyer and a lot of possibilities are presented.
    1. File an appeal
    2. Go back to old employer...hope they'll take me back
    3. HAve me work under previous employer as contract to stay with my denied petitioner.

    I dont just hang around here..it pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!

    I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!





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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.



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  • pappu
    08-15 04:07 PM
    Pappu,
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
    I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.





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  • sankap
    07-06 06:31 PM
    I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?



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  • gchopes
    11-05 07:37 PM
    What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?





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  • little_willy
    07-29 11:23 PM
    I think they should change the title on their page to How may I harass you? :)
    LOL ;-) Had a chuckle after a frustrating day. Thanks.



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  • GCard_Dream
    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.





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  • glus
    02-24 12:20 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!


    OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.



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  • GreenMe
    12-06 03:42 PM
    I think the salary is 38 Lakhs and not 70 lakhs

    Facebook offers Rs 38 lakh salary package to IIT students - LearnHub News (http://learnhub.com/news/1654-facebook-offers-rs-38-lakh-salary-package-to-iit-students)





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  • dealsnet
    01-14 08:45 AM
    Usually one week, if everything is fine.

    once the file has been assigned to an officer and the dates are current? I am just curious.

    Just the file being assigned to an officer does not mean adjudication soon.:)



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  • lee.cook
    January 30th, 2008, 02:36 PM
    Hello,

    It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.

    The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.

    Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1

    Rebel XTi
    http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1

    I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.





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  • nikunj007
    03-11 01:48 AM
    applying for multiple petitions with multiple employers is, as of now, legal. Even if they can track those applications, they can not just reject on the basis of multiple petitions. But, it may be difficult to convince it during the interview..



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  • vin13
    01-03 09:29 AM
    Here is my 2 cents

    You need to consider school and Green Card as separate issues.

    The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.

    Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.





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  • rb_248
    03-30 11:02 AM
    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.

    A former colleague of mine from B'Desh got his GC in 14 weeks.

    ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.





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  • ars01
    06-27 10:48 AM
    My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.

    My wife got an OPT card last month and we used A# from that card for her dependent I-485 application





    mukuraj
    07-27 02:55 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    Kasi,

    I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.





    nlssubbu
    12-12 07:30 PM
    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.

    I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.

    If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.

    Have a safe trip!