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  • moonrah
    07-22 11:46 PM
    Hi,
    I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.

    My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.

    I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.

    I have two options:
    1. Stick with my current company and take the money.
    2. Switch to new employer right away and file new PERM.

    My dilemma is:

    With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.

    With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.

    Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.





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  • martinvisalaw
    09-23 03:34 PM
    Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....

    This is possible, although unusual.

    he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?

    The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.

    I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?

    First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.





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  • tnite
    10-16 01:28 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
    Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
    H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
    As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
    H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    180 days after filing for 1485 provided your I140 was approved.

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
    NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
    Once approved anywhere from 7-30 days you might get the GC by mail.
    I dont know whether there are enough numbers.I won't even speculate.

    - Would I get the fingerprinting notice directly or would my employer receive it?
    You would get a copy of the FP notice.

    - What other formalities would be left after (assuming) 485/765 are approved?
    765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

    check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
    Goodluck





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  • willigetgc?
    10-11 09:18 AM
    Stop watching for VB and start meeting with your Senators!



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  • psk79
    05-27 01:12 PM
    The reason I am doing paper based is that current immigration question. In efile you have to make a selection which apparently doesnt have the AOS option. On paper based we can put, Adjustment of Status (I-485 Pending).





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  • dhenuva123
    02-25 02:38 PM
    My case is also pending ...from the last 5 and half months.....I applied on sept 1st 2010 ...the case is still in "Initial Review".........



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  • eb2_immigrant
    04-28 06:32 PM
    I truly believe India IS a developed country.


    Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day





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  • tcsonly
    12-12 06:55 PM
    USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.

    Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.

    I didn't know CIS became so customer oriented all of a sudden.



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  • anilsal
    12-19 12:30 PM
    Good to know that. Actually, I have never called his office! I am doing that right away...
    Not from the bathtub. ;)

    Post your experience with the call.





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  • GCBy3000
    04-26 02:52 PM
    I work for TOP 10 and background check is very serious here after enron debacle.

    We interviewed several people and offered positions. To my surprise there are huge number of people fail the stringent background check of my company. They do it through private firm I beleive. They check all the previous employment, school / college records etc etc. Scary if you commit even a small offense like drunk and drive, etc etc and it affects your career.

    THE FAILED persons are all CITIZENS.

    What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.

    Actually it depends upon company to company how much background check they do and not on your visa status.



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  • rolrblade
    07-26 09:30 AM
    I 765 EAD Application document.
    Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.





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  • softcrowd
    02-07 09:46 AM
    As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.

    So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!



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  • Rolling_Flood
    09-22 10:11 PM
    bump!!!!!

    bump





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  • alex77
    10-18 05:15 PM
    Bad..In that case, how can you be sure that they have filed your I140? Not sure if USCIS can provide receipt number based on your name and DOB but you may try calling them.

    The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.



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  • newtoh1
    04-07 03:31 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.





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  • krishna.ahd
    11-01 09:47 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.
    I assume this is your fisrt job/assignment and understand your pain.
    May be you are at wrong time and wrong place. Work this out patiently.
    Do they ( your company) have work for you or client's assignment ??
    While try to gain some real work experince working here for a while , Please try to find out another sponsor and switch.
    BTW, how about your skill set ??



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  • redViper
    04-28 08:44 AM
    cybergold





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  • Becks
    01-08 06:30 PM
    i havent change my wife's last name and i dont see any advantage.

    trivia: we had two colleagues(wife and husband) working in our team. we never knew that they were wife & husband since their last names were different.

    so there may be advantage to refer wife for jobs in your team if you have different last name!!!





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  • thatwillbeit
    05-27 12:26 PM
    I have the same inference as above .....

    Can some please confirm this

    Thanks





    meridiani.planum
    08-14 12:03 PM
    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.

    all the best to you! If you are serious about this, then you may want to go easy on visiting iv and start checking out: http://www.r2iclubforums.com/forums/





    dealsnet
    04-22 02:32 PM
    The PD hang around 2003 from 2006 to 2008. In 2006 to 2007, whole year, the PD stay for Jan 2003. In 2 years, dates moved very little. What they are doing in those years ?



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