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  • shana04
    02-13 12:20 PM
    My Attorney Says You will get 3 Year H1B Extension

    Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
    will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.

    I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
    H1B Extension.

    Shana Can you Please confirm with your Attorney again.

    My exp, I did and I got only 2 yrs exp. As per attorney. Because I have already filed and got approved. you better consult with your attorney.





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  • kaisersose
    05-13 05:14 PM
    I am the primary applicant. I am planning to get married in next 1 year or so with a girl from India. If I get my GC then she will fall under family based which will take years for her to come here. I do not mind moving back if that happens.
    Since I have valid H1 can I do something,

    There is no reason for you to pull out your 485. Get your divorce expedited and get married quickly and you should be OK as EB3 India is not really moving forward unless there is a visa recapture or something like that.

    Your spouse will of course lose her 485 and will have to start afresh. But I assume she already knows this and is OK with that.





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  • yestogc
    06-05 02:38 PM
    As soon as you use EAD, you loose H1B status---------- so answer is NO

    Howerver as an EAD you can do same





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  • gcseeker2002
    08-25 05:56 AM
    By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor

    Thanks for the info. But is it really true that by law employer is required to pay for labor ? I think it used to be that only h1b expenses are required to be paid by employer.

    Also, most companies ask for agreements to repay them if we dont stay with them for few years for filing greencard . Is these agreements legal if they ask to repay labor fees ?



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  • vasa
    08-21 02:21 PM
    Hi All,
    I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

    i have just once concern (well more of clarification than a concern):

    - if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
    - if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

    i may have few terminologies wrong so apologize for that.

    will appreciate a response.

    Thanks





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  • rajakannan
    06-28 10:19 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,

    Source: http://www.immigration-law.com/

    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.



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  • wanna_immigrate
    05-22 04:23 PM
    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.

    I might offend a few here but I see an obvious analogy and I am going to point it

    Converting from legal to illegal is like in India You did not get admission through regular/normal seat so one converts himself to SC,ST, OBC(reservation) and get admission through fake certificate :) at a lower percentage and no fees

    Hello ->Amigo !!





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  • Madhuri
    07-24 02:23 PM
    Here's update on my cases

    Self e-filed: May 30, 2008
    FP: Jun 25, 2008
    Card prod ordered: July 23, 2008
    EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007

    Will post about duration as soon as I get the cards in hand.



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  • americandesi
    01-26 09:38 PM
    Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.

    Here it is
    http://www.news.com/2100-1017-255994.html





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  • dpp
    07-19 04:37 PM
    Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.

    I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.

    It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.



    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?



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  • aadimanav
    05-14 08:58 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1912

    Press Release
    Rep. Lofgren Introduces Bill to Retain International Talent
    Bill Would Allow Best and Brightest in STEM Fields to Stay in the United States.May 14, 2008

    Washington, D.C. � Rep. Zoe Lofgren (D-CA) recently introduced H.R.6039, which would allow masters and Ph.D. level graduates from U.S. universities in science, technology, engineering, and math to obtain green cards without waiting in long lines, if they have job offers from U.S. employers. The measure enjoys strong bipartisan support, initial co-sponsors include: Reps. Chris Cannon (R-UT), Michael Capuano (D-MA), Chris Carter (R-TX), John Conyers (D-MI), Joseph Crowley (D-NY), Tom Davis (R-VA), Anna Eshoo (D-CA), Wayne Gilchrist (R-MD), Mike Honda (D-CA), Patrick Kennedy (D-RI), Carolyn Maloney (D-NY), Jim McDermott (D-WA), George Miller (D-CA), David Reichert (R-WA), Linda Sanchez (D-CA), Loretta Sanchez (D-CA), John Shadegg (R-AZ), Adam Smith (D-WA), and Ellen Tauscher (D-CA).


    �More than 50% of the graduates from U.S. universities in masters and Ph.D. programs in science and engineering are foreign born,� noted Rep. Zoe Lofgren. �If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren�t the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent. In 2000, for example, 75% of the world�s engineers were hired by U.S. employers�just six years later in 2006, that percentage dropped to 63%. This legislation will give U.S. employers another tool to recruit the world�s best and brightest.�





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  • radhay
    07-25 11:12 AM
    NSC e-Filed EAD and AP 06/16 for both of us.
    Finger prints: 07/11.
    EAD approved for both: 07/18
    AP Approved for both: 07/21
    EAD Card Received for 2 years valid from date of approval: 07/22
    AP document: Waiting..



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  • pappu
    02-21 02:45 PM
    This is the first time I am hearing about this. If there are more such instances/OP can provide his full details, IV can ask USCIS if this is true.





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  • r_mistry
    11-06 02:55 PM
    Hi Guys -

    I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".

    There is only one LUD on AP and that was on September 21st. Nothing after that.

    Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.

    Many thanks in advance for your responses



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  • jskumar
    01-05 02:05 PM
    Techies also need some PM sort of training to deal with Managerial BS that keeps coming by.





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  • sabkaNumbrAaga
    06-02 09:30 AM
    Dude....we need more people like you.......See below....


    OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.



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  • gc28262
    03-11 11:41 PM
    What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.

    Who said I am working on percentage basis ? Where did you read that ?





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  • drsnh123
    06-19 03:02 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions





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  • gg_ny
    06-19 04:59 PM
    Hi SongLan,

    sorry if I had missed it before: are you from China on EB3? I am wondering about when your PD became current for you to file? This is to compare with my EB2 receipt date in Aug 2005. Thanks.





    illinois_alum
    10-02 01:41 PM
    I have it just says Texas Center....efile for AP seems to have many Texas offices in the drop down..which one to I choose..

    Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
    --------------------
    On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------

    -------------------------------------------

    Mesquite means TEXAS SERVICE CENTER. Enter is exactly as I have here. If you look in the drop down list, there are multiple field offices for Texas but one TEXAS SERVICE CENTER





    singhsa3
    11-21 12:26 PM
    Interestingly, on our last visit to DC two congressional offices asked the very same question. They were actually surprised to hear that there is a problem.
    The baby that cries the most gets the milk first...

    The question I was asked my the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help?



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