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  • bharat2008
    10-19 11:20 PM
    Hi ,
    Ask your future employer to apply new H1B with consular processing(no change of status).
    Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.





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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?





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  • raghuram
    11-10 09:43 PM
    For my recent in-laws trip, I took insurance from ICICI Lombard. As one of the previous poster mentioned they are tied up with United Healthcare and they give you an Identity Card from United Healthcare. I previously used United and they are pretty good. So its a reliable Insurance.
    I took the platinum cover for my in-laws(age:mid 50s) and it came to around INR 16k for both of them for a 3 months stay, which I consider is reasonable, given a $ 250K coverage.
    Previously when my parents came, I have taken ICICI Lombard. Though I was lucky enough that they did not have any medical issues and I did not need to show up at any doctor/hospital.

    ICICI Lombard is only a fixed coverage plan for people age over 55 years. It is not a comprehensive coverage plan. It only pays a small fraction of the actual costs.





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  • delhirocks
    06-29 11:30 AM
    Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.

    There is no quota for I 140, the employer is just trying to save money.



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  • WAIT_FOR_EVER_GC
    11-11 12:45 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL

    I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

    College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

    Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.





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  • glus
    10-20 08:22 AM
    Hello,

    As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.

    It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
    Good luck!

    hi there,
    There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.


    Best Wishes,



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  • GcInLimbo
    11-17 11:38 AM
    Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[

    The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.

    I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.

    Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
    I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.

    I tried to attach the attachment but its failing.

    Thanks





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  • sash
    06-19 09:33 PM
    Hi, I need to travel to India in October. I am told by my lawyers that I cannot travel until I receive the receipt notice for I-485. If my I-485 is filed within the first few weeks of July, when can I expect the receipt notice?

    Also, my husband's H1B is currently under extension. Is there any risk to his traveling to India in October with a receipt notice for I-485? He will need to get H1B visa stamped. Can they reject his H1B visa?

    Thanks so much.



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  • gcformeornot
    08-21 10:59 AM
    Is this anything to do with PD?

    please poll here to add your vote...

    http://immigrationvoice.org/forum/showthread.php?t=12603

    sorry if did already.





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  • sachisdis
    02-23 07:48 PM
    Hi,
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!



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  • bp333
    07-26 10:57 AM
    What was your Priority Date?





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  • chanduv23
    10-15 08:02 AM
    You are correct Chandu !.
    My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
    Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
    I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!

    People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.

    One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.

    Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.

    I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.

    Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.

    If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system



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  • Munna Bhai
    07-12 12:08 PM
    This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.

    Are you sure on this? If this is true, this can be really helpful for some folks.


    yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.

    I am trying to get as much as possible info. regarding this issue.

    Thanks,
    -M





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  • monikainusa
    03-22 09:46 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..



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  • transpass
    07-16 11:42 AM
    Can any one tell what is written on Eb3 I 140. I am assuming it will be
    Sec 203 (b) (3)
    but is there any text associated?

    This is my understanding, when I look the 140 form...

    You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...

    EB1--
    203(b) (1) (A) Alien of Extraordinary ability
    203 (b) (1) (B) Outstanding professor or researcher

    EB2---
    203(b) (2) Member of professions w/adv degree or exceptional ability

    EB3--
    203 (b) (3) (A) (i) Skilled worker
    203 (b) (3) (A) (ii) Professional

    Just My 2 Cents...





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  • satishku_2000
    06-15 11:10 PM
    Thanks for the reply.

    But i filed GC 6 times i had three approved I 140's with different priority dates.
    I missed filing my 485 couple times.


    thanks,


    I asked because how much sanity would have left in a person if someone is in the game since 2001 ...:D :D :D :D

    Good luck



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  • samuel5028
    04-11 02:48 AM
    You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.

    Why he wants to apply for fiance visa? Is that his problem? did you read his situation?





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  • InTheMoment
    08-04 01:34 PM
    Please refer to this detailed experience on SS update after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20610

    Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)





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  • supers789
    08-05 04:44 PM
    very frustrating.. Aug is here, and my PD is current now (using old employer 140).. but cannot file 485 since fragomen-PERM stuck in audit for current employer!!!

    I was waiting for PD to become current for almost 2-3 years.. at old employer... now its current.. and i cannot do anything... !!!! just wait and watch!!.. Audit result expected in 6-8 month per fragomen.. 6 years of h1b expiring in 10 months!





    sujan_vatrapu
    10-26 10:38 PM
    to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,





    eb3stuck
    05-08 01:52 AM
    I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
    No only primary applicant can extend their H-1 spouses beyond six who are on H-1B are "forced" to convert to H-4 :mad: :mad:



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