Saturday, July 2, 2011

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  • aristotle
    03-14 02:37 PM
    Guys I need your expertise and valuable answers on this:

    I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.

    I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.

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  • wandmaker
    08-15 10:43 AM
    I have a question regarding employment and I-485 approval. For travel, one can take the I-797 approval notice and get their passport stamped if the physical green card has not arrived yet.

    How about employment? Can the approved I-797 for green card be used for filling in I-9 for employment? One can think of various situations where this might be useful. Say you have renewed your EAD/H1B that is expiring, do you file the new I-9 with new EAD/H1B or show the I-797.

    I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.

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  • thankgod
    05-13 09:39 AM
    I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?

    Green card application sis always for future employment.

    Happily you can use your 140 and Priority date. No problem.Everything is under control.

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  • theshiningsun
    06-30 11:12 AM
    i live in Dublin OH.

    i am planning to meet the senators after 4th of july w.r.t the IV action item at

    i want to try and get ppl around to this.

    does the OH state chapter hv any plans to take this up?

    thx in advance,


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  • arnet
    10-31 07:26 PM
    The application procedures vary based on the consulate you are planning to visit for visa stamping.

    so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.

    in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.

    check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:

    also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':

    To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.

    At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.

    good luck!!!!

    I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.

    Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?


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  • h1vegas
    02-02 07:12 PM
    I appreciate your response


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  • Administrator2
    11-09 10:16 AM
    That is may not correct. Stuart Anderson was never a lobbist. But he did play a key role in AC21 law. Back then Stuart was Legislative Director for Sen. Abraham (R-MI). Stuart worked with key staffers across the aisle to recapture and pass other favorable provisions in AC21. In that sense, Stuart always had a front row seat to witness things unfold in front of him. This is what makes his book so unique.

    According to the website, Stuart is Adjunct Scholar at CATO institute and he is executive director of another policy institute called NFAP.

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  • Aura M.
    01-14 02:51 PM
    Good Afternoon:
    Quick question.
    I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
    Any one that all ready this step pls advised.
    -Do I need to fill out a Labor form again or just I-129 to USIC ???
    Thanks for any info.


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  • sixpockets
    06-14 05:41 AM
    I am also in the same boat, 140 was filed in March 07, file at TSC. The attorney never received the original LCA. Could not do premium processing for 140.

    NOW the big question is, can I apply 485 since my PD is current now?

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  • rafraf
    07-27 08:24 PM
    Sorry for this long post. I just have to let it out...

    I had my H1B visa approved and I talked to my employer on the phone this afternoon. I admit I did not do well in the interview I had with him last April 18, my visa was filed on March 31..... meaning he hired me first and interviewed me when my visa was already filed. I also have to fly from NJ to LA to meet him at my expense. It was then that I learned that the company doesn't have any permanent employee and no official office. There are only 2people who are doing everthing, he as the president and his partner. All those working for them are all subcontractors. The last time we had our conversation after that interview, he said that he was willing to offer me another position but with a lower salary which he repeated in his email yesterday when I told him about the news that my visa was approved. He suggested we talk on the phone to discuss.

    So when I called him today, he said that I was not able to clearly understand what he said in the email that I am not capable of handling the job and that he has no job to offer me because he knows that I will not succeed. He even asked me if I am willing to work and be fired after.

    We had an argument over the phone and I asked him what I will do with my visa. I admitted to him that the job that he is offering me is not really my forte and if only I was provided with my job description before I signed the attorney's retainer's contract, I have turned off the job offer since there is still another company who is willing to sponsor me. He have not given me any clear description of what the job will be. He also told me that I misrepresented myself.. That I included in my resume things that I didn't really do that I did not even do any programming at all --- something that really hurts me --- being an analyst/programmer back in my country since I graduated college. Then he keep on telling me that I have wasted my time already and if he would hire me, I will surely lost more because I would eventually get fired.

    I said to him, how did he know that I will not be successful if he would not give me a chance. He said he just know. (what is he GOD?). I said to him its unfair.

    The job position is Electronic Security Engineer. I am in Systems analysis and Application development.

    I shouldered all my expenses in my Visa processing -- which is more or less $4,000 including my air ticket back and forth at the same day from NJ to LA which is approximately 10 hours flight (5 hours each way).

    Can you give me an advice. I just couldn't let it just pass away. I felt I was humiliated and was treated unfairly.

    Thanks for your advice.


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  • sashram97
    09-15 03:21 PM
    I-485 filed in july 2007. I-140 cleared in 2005.
    We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
    But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
    How do we proceed with this? Do we have to file labor again?
    Any suggestions would be really appreciated.

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    07-29 09:36 PM
    Yes, you can.


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  • Kevin Sadler
    October 3rd, 2006, 03:31 PM
    oi antonio! eu gosto do segundo melhor. the skin looks warmer, more natural, and more dramatic. the shadows really work well here. bom job. eu vou estar no brasil em dezembro com a minha namorada, mas nao perto de voce...rj e belo horizonte. eu gostario de conhecerlo um dia... para me ajudar com meu portugues!! :) later, kevin

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  • doudou
    02-25 09:03 PM
    Can someone travel with AP with an expired passport? Thank you.


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  • bhartigorkar
    04-13 09:58 AM
    Congrats guys!!!
    Thanks to the judges!!!

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  • Ahjeet
    12-03 06:03 PM
    Hi, your experience with visa rules will help me make a better decision. Here's my situation,

    H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.

    An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?

    Please advice, and thank you. - Ahjeet.


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  • CADude
    04-03 09:39 PM
    Me and spouse sent the seperate letter to WH and copy to IV. No response so far from any place.

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  • tinamatthew
    07-24 11:41 AM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.

    I think that as far as company A agrees, it shouldn't be a problem. I believe the GC application is for a future job offer.

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  • neeidd
    11-09 06:14 PM

    I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?


    08-16 08:04 PM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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    09-16 09:21 AM
    if they are going to continue to be in closets.

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