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  • Canadian_Dream
    09-19 07:26 PM
    Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.

    ============================

    What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?

    In summary:
    Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
    If yes:
    What happens to the H1B if I-140 is revoked ?
    If No:
    Any law/precends supporting the conclusion ?
    ================================





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  • psam
    03-09 07:31 PM
    Hopefully you get a different officer. In my case they officer stamped I-551 on passport which was valid for six months for travel purpose and 1 year for employment.

    Other online links suggest to talk with your congressperson so see if you get lucky.
    Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)





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  • snathan
    05-19 03:13 PM
    Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
    After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .

    As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
    Also they didnt send me the relieving letter and others indian PF etc.

    They even paid less that that was specified in the LCA.

    I would like to know if you had complaint DOL on this ?

    Regards

    You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.





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  • truthinspector
    01-28 08:12 PM
    Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?



    http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms



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  • BMS1
    08-21 02:16 PM
    So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.

    How long did you wait after your biometrics to get your 485 got approved?

    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).





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  • immigrationbond007
    06-11 06:21 PM
    I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.

    PS I do hope I am proven wrong though :-)

    I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.



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  • Nabeel
    10-25 10:05 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)

    What is your existing H1 Expiry date ? I applied my 7th year extension on July 30 and got my H1 approved on Oct 17th. As per my lawyer, USCIS work on extension cases based on your existing H1 Expiry. His statement looks valid to me since my H1 was expiring on 24th of Oct and I got my approval on 17th. My attorney also applied some other H1 cases around same time when he filed my case but he is still receiving approval on these cases one by one because other cases are little far from their H1 expiry.

    Nabeel





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  • ticktoe
    09-03 02:02 PM
    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there



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  • rsrikant
    08-09 08:59 AM
    i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
    My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.

    Is he correct? Will there be no problem with my application?





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  • qualified_trash
    09-21 11:01 AM
    joozz.......

    do not worry about where the lawyer is located. immigration law is under federal jurisdiction.

    pick a good lawyer (www.murthy.com, www.shahandkishore.com, www.immigration.com) and go with them



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  • TeddyKoochu
    01-06 10:11 AM
    Hey Teddy,
    During you process for porting from EB3 to EB2 did you:

    1. Do this within the same organization after getting your advanced degree?
    2. Did you have to file for a new PERM and start from the begineeing under EB2?
    3. Were you successfully able to port your PD or did you start with a new PD under EB2?

    Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.





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  • insbaby
    11-12 08:12 PM
    If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".

    If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.

    If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.

    At the end if it is a "NON-PROFIT" organization, you have a chance to defend.

    If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)



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  • senthil
    08-08 09:05 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?



    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......





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  • funny
    09-16 01:25 PM
    Just cut short that Coffee/Tea/water break around the water cooler and make those calls today...



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  • TeddyKoochu
    01-06 03:41 PM
    Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

    Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

    "Evidence that the alien has judged the work of others, either individually or on a panel;"

    This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

    The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

    Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

    In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.

    Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.





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  • stucklabor
    09-19 06:43 PM
    BKarnik is partially correct, I got a H1 extension for 3 years after my I-140 approval but my lawyers had to specifically call USCIS' attention to the approved I-140. It is possible that your lawyers did a good job of putting together the H1 application so USCIS was aware of your GC application and cross checked and gave you a 3 year extension based on the approved I-140.

    Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.



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  • Lasantha
    08-16 12:33 PM
    Australia is another option.

    http://www.immi.gov.au/





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  • dixie
    09-19 04:06 PM
    We should just be asking for relief on waiting times, ability to travel freely, and change jobs.

    Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.

    I do agree that increasing visa numbers does not make good PR for our cause.
    But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.

    However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.





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  • BharatPremi
    05-21 10:23 PM
    Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.

    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?





    Ramba
    04-13 06:13 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.





    gc_peshwa
    02-04 11:21 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D



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