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bugsbunny

05-25 12:56 PM

Hi All,

I have I140 approved in EB3 in Jan 2011. I485 is still long time to go. Can I change my employer and apply in EB2 and port my priority date?

Thanks

Yes you can

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thomachan72

11-16 02:33 PM

I believe finger print needs to be obtained somehow to varify the person. Hope it is not damaged too much. Why dont you try to obtain a doctor's letter stating that she had some blisters and is recovering? Usually for ladies it shouldn't be much of an issue but just as a precaution. The POE officers are usually good towards Indian ladies, particularly when they travel alone. So dont worry too much.

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How to Professionally

papu

02-17 10:51 AM

I have the following situation.
I got married in June 2009 and my wife had a Business visa and she had travelled once. After our marriage, she travelled on her Business visa again in July for three months till October end 2009.
I have a H1 valid till June mid 2010 and when I tried to process her H4, many people said that, since the duration left in my visa is very less, chances of rejection are higher.
On her Visa, it is written as B1 / B2.

So it would be helpful for me to know, if she can travel on her business visa as a visitor [her visa has B1 / B2]. If she has to travel, does she need a letter from her company or do I have to provide the documents whereby I show that, I can take care of her in US.

If there is any other way, please let me know.

Regards
Jay

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patelbhai

03-24 01:35 PM

Hi - I am currently on H1B visa with 3 more years to go and visa stamped for next 3 years. I've got offer for Medical residency and they offer J1 only.

I am planning to change my status to J1 effective July 01 2009. Do I need to go India for visa stamping or any other procedure? Is just change of status okay?

Please help if you know anything related to this procedure.

Thanks in Advance

-- Patelbhai

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dc2007

01-10 10:16 AM

Hi,

I am on H1B and still 4+ years are left on my new H1. I have got my I-140 EB2 cleared in July 07 and applied for I-485 in Aug. Got EAD in Oct.

My question is what is the better option out of the following to change employer:

1. To transfer H1B to new company with the same Job Title as was in previous H1B. I have good relation with my existing employer.

2. Or I can invoke AC21 and start working on EAD with new employer (after 180 days).

Questions:

Q1: If I want, can I come back to my existing employer on same old H1B (if thats still valid) ?

Q2: I frequently go to India (at-least one time in a year). So with EAD and AP, there might be more waiting/ filing each year etc.

Q3: Which is the better option for me - H1B or EAD ?

Thanks

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solaris27

02-26 03:55 PM

MA- Logan Airport

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deecha

11-25 04:07 PM

It all depends if your I-140 has been filed and approved and the I-485 has been pending for 6 months+.

If your I-140 has been approved and six months have passed since the filing of the I-485 then you should have no problem working in the same/similar job capacity under AC21 provisions.

Having said that, I don't know what the USCIS would do nowadays given the really bad economy.

This is not a professional advice and you should consult a lawyer on your specific case.

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kkrp

05-03 05:29 PM

Hi All,

I would like to apply my 9th year H1B transfer with new employer based on my Labor which is pending for more than 365 days with my Current Employer. The proofs which I got from my current Employer are

1. Certified mail receipts showing the date my documents were received by the Labor Department.

2. Fax received on year 2004 from Labor Department which shows list of employees for whom they filed labor via my current company. This contains my name, case number and priority date.

3. Based on this pending Labor I got last year extension with my current employer.

4. Labor documents which they sent DOL.

Would this information be sufficient and helpful to file H1B transfer for me? Or Do you need any other information to do H1B Transfer? If so please let me know In which ways I can get the information other than my Employer. My employer will not cooperate with me in this issue.

Thanks a lot.

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rajpath

01-10 03:08 AM

Hi All,

My H1B(8+ year) is expiring, and my company is willing to file H1B with Engg manager role. My previous H1B or extension was files for software engineer. My GC(EB2) is filed as Software engineer, with PD as Jan 2006.

Questions
1) Now is it ok to file H1B with new title? What if H1B gets rejected?
2) How does this title change affect GC? Can the GC be cancelled because the title has changed or H1B gets rejected? The engg manager role is similar to software engneer role, except people responsiblities.
3) If the H1B gets accepted, then is there still a danger to GC? Do they verify GC papers before approving H1B?

Thank you, Raja

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pd_recapturing

09-15 10:39 PM

I also need to know the answer of this question. Please someone suggest.

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tridiv

07-12 03:32 PM

I just missed 120-90 day window for filing EAD. My EAD expires on oct 12 and today is July 12TH.

Other stats:
Have H1B active with current employer till Feb 2009
Just got my priority date current - EB2 July 2004 for India
I-140 approved, I-485 and I-140 filed last year receipt date Sept 2007

Questions:
How can I get new EAd now?
I can continune working on H1B correct?
Any impact on my 485 application that now will process due to PD being current?

PLEASE HELP. I am confused and worried a bit.

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newyorker123

08-31 01:50 PM

Is it having any advantage towards applying I-485 if getting married in US (H1B and other is on F1).

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bhavingreat

02-18 01:49 PM

Hi,
Is it possible to file I-140 while you are outside of USA?

Thank you in advance for reply.

Bhavin

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masti_Gai

01-05 02:46 PM

They might increase the no. of H1Bs but might not do any refinement in the immigration process I guess.:o
So can't say how that would be advantageous but nevertheless the economy is boomin and there are lots of jobz.:)

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martinvisalaw

04-09 02:17 PM

You can apply again if you have a new employer, or even if the same employer will reapply. However, if you were denied for a reason that is still a problem, such as not having the required degree or experience equivalent, there is no point in reapplying. Good luck.

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go_guy123

10-19 10:36 AM

Someone thought this was okay?

More... (http://blogs.ilw.com/gregsiskind/2009/10/target-apologizes-for-immigrant-halloween-costume.html)

This also points to the fact that illegal immigrant amnesty is such a charged issue, CIR is extremely difficult to be passed into law (passed by Congress and Senate)

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sab

07-27 09:46 AM

bump up

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andy garcia

02-18 02:06 PM

Hi,
Is it possible to file I-140 while you are outside of USA?

Thank you in advance for reply.

Bhavin

You can file I-140 even if you have never been in the US before.

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Blog Feeds

03-31 12:40 PM

USCIS has not extended its temporary accommodation for delays in the labor condition application (LCA) process. Earlier, USCIS agreed to accept H-1B petitions without a certified LCA, in certain situations, for a limited time. This exception was available from November 5, 2009 to March 9, 2010. The USCIS has declined to extend this exception. Accordingly, all H-1B petitions must be filed with the certified LCA otherwise USCIS will deny the H-1B petition or extension.

Hence, it again is necessary to have an Approved LCA in place for the proper location at the time of the H-1B filing. The reason the exception was not extended is that the DOL assured USCIS that LCAs are being processed within the required seven-day processing time. The DOL, in fact, stated that LCAs are being processed within four to five days which is in fact true as well. It is our suggestion to plan accordingly.




More... (http://www.visalawyerblog.com/2010/03/lca_needs_to_be_certified_agai.html)

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fatboysam

08-22 08:06 PM

I was on l1b visa from Jun 2008 to Jun 2010, then my company filed my h1b change of status, so now technically i am on h1b status , but i sill have l1b stamped on my passport, i am going to India for vacactions, so i will have stamp my h1b visa, now my question is :

1. Can the Visa officer ask why your company moved you from L1b to H1b with COS ?

2. If the officer asks me, do you plan stay in US permanently ?

What should be the correct answers to these questions ?

Thanks

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rahul2009

04-26 04:42 AM

Hi,

I recently received an e-mail from my Lawyers about notification of H-1B Approval Notice (I-797).

My Masters OPT has expired in January 2009. Hence, I enrolled in a degree at a new school to get CPT work permit. My CPT work permit is expiring on 05/09/09.

As my H1-B petition is approved and the change of status has been applied, I came to know that my F-1 status is terminated, when I went to school to get updated I-20, with the new work permit.

What can I do at this moment, to get work permit.

Am I eligible for "Cap-Gap" relief?

Please let me know.

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