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Wednesday, June 29, 2011

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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??





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  • PALLO
    04-15 05:02 PM
    It is not EB1, It is for EB2.





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  • sanam9696
    03-09 05:42 PM
    Need your help..

    Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:

    Can my previous employer file I-140, even if I am not working with them?
    If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
    Once I transfer my PD, can my previous employer use this approved LC for other candidate?

    Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.

    Thanks in advance..





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  • gcformeornot
    07-25 12:10 PM
    ......



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  • ahiyer
    11-24 02:30 PM
    Thanks for the reply.

    I forgot to mention this is for new H1B filing, does it matter in that case?





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  • anilkumar0902
    12-25 09:26 AM
    You are safe. Once you have reached I-485 stage, it is all about you and not your employer. You mentioned that you already changed to a new employer. Technically, your old employer should've revoked your old I-140 after your move. Since, you moved to a new employer you are indicating that your new employer also has a new job that matches your initial Labor application. You have nothing to worry about your old employer closing down.

    Enjoy your EAD/AP and hope you get your GC soon.

    Cheers



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  • andymajumder
    06-26 05:17 PM
    Lost I20.
    Went to school from 96 to 2000.
    WOrking on H-1 since then.
    Numerous trips outside. Last one in 2005 on an H-1 visa.
    What do I do now?


    That should not be any problem at all. I called my school's International office and they got my I20 from 99 scanned it and emailed it to me. I got it within half a day of making the call.

    Cheers!!
    -Andy





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  • gparr
    November 28th, 2004, 09:05 AM
    Thanks to all and welcome to dphoto Jamie
    Gary

    Is holding-up petitions in Srv Center a good news? [Archive] - Immigration Voice

    View Full Version : Is holding-up petitions in Srv Center a good news?




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  • go_guy123
    02-15 08:29 PM
    as well as I see a separate bill for foreign nurses is coming up for discussion, we I feel we should talk to our lawmakers to bail us out of the EB-3/EB-2 India/china mess

    The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
    GC reform.





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  • sammyb
    11-09 03:01 PM
    http://www.murthy.com/nflash/nf_051607.html

    The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

    Even if the law prohibits it, still companies pass fees and costs to the employee...



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  • aries
    08-29 05:35 PM
    any thoughts guys....





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  • Karthikthiru
    06-01 05:45 PM
    Yes, you can. I have done the same. Send me a PM if you need details about that. In my case I moved from Dallas to Austin



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  • josecuervo
    07-24 01:41 PM
    I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

    Is anybody else in the same boat?

    I checked my receipt notice. PD is blank. I checked with a friend of mine and his receipt notice PD is blank too.
    BTW mine is paper based filing.





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  • minimalist
    11-12 10:50 AM
    I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.

    My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.

    SO is this common to conduct drug test few days before join date...?? It is a common practice and very simple process. If you are not into it, you don't have to worry.
    All the best.



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  • mchhokar
    05-15 02:45 PM
    Hi,
    I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.

    Here are facts:
    I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
    We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.

    My company is open and willing to appeal against the decision.

    Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
    -Can appeal process buy me some time and should I start my H1B process simultaneously?
    If yes, is that something which I can do legally.
    -How much time can appeal process buy, is it two months, 4 months, 6 months ??
    - My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.

    I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.

    Regards,
    Manu





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  • enqueued
    11-09 10:38 PM
    We did it twice and never was asked for w2. Just recent pay stubs will do. Just have all of them - if asked.

    My wife came here on h4 then got her h1, got it stamped. worked for two years. Went back to h4 for couple of years when we had our baby. Got h1 and stamped again. All we submitted were just the required (listed documents in the site).

    Hope this helps.

    Thanks



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  • davidk
    02-16 08:41 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David





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  • senk1s
    10-04 04:33 PM
    i've read that the interim EAD is discontinued until further notice.
    you may schedule an infopass appointment and they'll expedite the original app (When its pending for >90 days)

    I know a friend of mine who got EAD about 3 weeks ago(Jul 2 filer)





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  • micbil
    03-29 12:16 PM
    Hello,

    I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.

    Thanks





    carbon
    03-24 09:26 PM
    If you have worked on a H1B that was from the quota and you have
    never left the US for more than 1 year since then.. then you can
    transfer your university H1B to company H1B (without waiting for Oct1)
    I have comfirmed this with one lawyer for my situation.





    ddeka
    01-25 04:06 PM
    Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).

    So, do i still need a valid H-1B status even though, i will be traveling back on AP?

    No you don't need. Whatever Rtarar said - thats what you need



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