Monday, 27 June 2011

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  • nk2006
    10-09 04:00 PM
    As far as H-1, I don't understand: wont you need an H-1 transfer from your new employer, in that case the 3 yr extension will come from him, so it shouldnt matter if your old employer revokes I-140, since anyway you are planning to restart gc process.

    Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.

    To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
    (i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
    (ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?

    Thanks a bunch.

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  • Soul
    12-31 06:29 AM

    I'd say about 15 hours, not all together of course haha :P I like to take my time =)

    Do ya like the sunset sky in the autumn one by the way? =)

    Thanks for your votes guys :beam:

    - Soul :goatee:

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  • nixstor
    01-23 01:50 PM
    Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?

    Any one??

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  • pappu
    06-02 08:51 AM
    I think that instead of exhausting our energy on this issue, we better think how to make progress in our fight against injustice. And to all those who are using an abusing language .... please show your guts when you go for your next visa stamping or when entering the United States on a port of entry and try to use the similar language.... you surely will get an answer/lesson you will remember for rest of your life.

    Yes Agreed.
    Moving forward, we will refrain from answering anyone who is banned. It is a waste of time and energy that can be used for something that helps our real and contributing members. But whatever is being posted on this thread will now give a sense to others of what goes on in moderating these forums and what we do is for a reason and in the interest of the forum and the organization.

    If someone feels that they are banned in error they must directly contact us. Make sure you are not anonymous. Because we do not respond to anonymous inquiries.

    The thread is now closed and made a sticky for future reference.


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  • immivjj
    09-26 02:42 PM
    Thank you gemini123 for the quick reply. I'm in Texas and have to get it renewed in Houston. I was talking to a broker who would get it done in about 10 days as I'm planning to travel to India next month.
    He asked me to send the original pasport along with the I-94. That didn't seem right to me.
    Should we also send a I-485 receipt copy?
    Also, I have a expired visa in my passport but my H-1B is valid till May 2008. I'm planning to travel to India through Amsterdam and use my approved AP for reentering US. Would I need a tranist visa if I'm just chaging planes at the airport? Thanks!

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  • arnab221
    09-22 11:04 AM
    With the kind of response I saw at the House judicary commitee inspite f making all those calls . I now realize where we are on their priority list , below horses .

    Sorry for the sarcasm , I am pretty bitter about the whole thing now after 2 repeated delays .


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  • meridiani.planum
    04-03 02:09 PM
    Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).

    nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.

    For instance see:
    Salary Considerations for the New Job
    Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.

    From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).

    Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...

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  • subba
    02-05 12:40 PM
    I have the same case and per my lawyer they should stamp for both I797's.
    We will only know when for sure when the consulate actually does that as usual :-)


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  • Dhundhun
    08-05 01:45 PM
    I think over this issue several times (my kids are of this age).

    A person (Indian) with green card marrying to an Indian Citizen (whether in Indian or on H1 Visa or on F1 Visa) offers no help but adds misiries to spouse and family.

    Somtimes I think, it to be a pressure technique - hey now you have GC and you are unmarried - so marry American (or GC holder) and contribute to growth and well being of those who are already in US.

    My 2 cents on this situation.

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  • loudoggs
    08-14 05:13 PM
    If the person gets the visa stamped on the passport at the US consulate abroad, I do not see any problems re-entering.

    AP is only optional. You can always get a valid US visa stamp based on the approved petition and use the H-1 visa stamp to re-enter.

    I am not sure what the confusion here is:rolleyes:

    There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.



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  • Makaveli
    01-02 04:17 PM
    Originally posted by RenaissanceGirl

    Don't worry Lost, you are still my main squeeze.

    hahaha, i dunno what to say :P :crazy: :P :P :P :beam:

    *said in little boys voice* "but daddy, what does it mean?"

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  • reddymjm
    12-13 09:51 AM
    Fwd that email to FBI, DHS, USCIS etc


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  • gsc999
    04-28 11:29 AM
    Indian work visas for US citizens equal H1Bs L1s (

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  • talash
    05-08 12:48 PM
    some one suggest me options please .
    I'm on 4th year of H1b .I140 denied and didnt get denail notice yet .if MTR fails what should i do .Change employer ?


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  • SunnySurya
    08-14 10:56 AM
    Though I EB2 but I support this and hence I am least I willing to contribute to this effort.

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  • breddy2000
    01-06 10:14 AM
    Can anyone pls respond to my situation. Thanks...

    Today I received RFE for my H1 Extension.

    I received only one RFE which is obtaining contract documents from the chain .

    Here is my situation.

    I work for Client A for whom Company B does the project work. I was contracted through Company C who is the prime vendor for Company B.

    Here is the chain.. My Company --> Company C --> Company B --> Client A.

    RFE states that my company need to provide contract documents within the entire chain which is highly unlikely they can obtain.

    Company B and Company C can only provide letters to affirm that that I work for Client A. Will this be enough or does it need to be only a Contract document?

    Below are my questions
    1.) My company says that they have PO from Company C which provides details about the entire chain. Will this be enough to answer the RFE?

    2.) Does withdrawing H1 extension cause any problems ? I can invoke EAD

    3.)Also Company B is willing to take me fulltime, so essentially if I abaondon H1 extension and join Company B , will this help or cause any more problems?

    Thanks and appreciate your response.


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  • RandyK
    02-15 10:15 PM

    How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.

    Am I right here ?

    I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.

    Optimystic -- is your PD current?

    The movement of EB-3 ROW will mop up most of the green cards left this year.

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  • pappu
    05-30 06:12 PM
    I got this while I tried to login to my account.

    Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.

    You have been banned for the following reason:
    No reason was specified.

    Date the ban will be lifted: Never

    Hello nitkad, (your old ID)

    You were banned for the following reason: These are the messages you have been writing to people and people have complained about you several times. Some of them have been quoted below. After several repeat offenses, IV has decided to deny you access to its website. Let others on this forum now see why IV bans some people.

    Stop acting innocent. IV is here for a cause and we are serious in what we do. If you need to pick up fights with members on a forum or want to demean others and use offensive language, this is not a site for you.


    ou keep bumbing, I keep you dumping :)

    Your Status = stupid

    bhaag saale
    tu kisaki baat kar raha hai?
    kutte saale sab jan paise nahi khaate
    bhaag saale, kayako khali pili time waste
    choop saale
    fight? tu karega fight?
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    mere baap tu bheja mat kha!

    yes, and hence you are getting a green dot.
    just don't like you
    just thought you have enouh green dots
    bhaag saale
    bhaad mai gayi teri respected forum
    get one more you stupid
    show your tits to all
    bhaag saale, I think you like red hence giving one
    get some red
    chup be
    gand teri
    whats your problem
    And no donations to this IV. You are a selfish asshole
    khalipili kayako reply karata hai

    bhaag saale
    so, you can add any shit here?
    shut the .... up
    shut the .... up
    he told him that he is a member of IV which has stupids like you
    tere shaadi ke photo ki link bhej
    get lost
    bhaag saale gandu
    saale maa-baap pe kyu jata hai?
    to vapas India ja
    bhaag saale
    chal bhaag saale sardar
    gandu bhaag saale
    bhaag saale
    bhaag saale
    bhaag saale, chaivaala
    haag saale, mali khaana chahata haina, sadega tu
    chup saale
    coolie guy
    choot bole kavva kaante
    you are a ghochu

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  • mrmr
    10-16 05:15 PM
    Hi folks

    Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.


    07-05 10:11 AM

    09-25 03:22 PM
    My EAD card ordered and LUD on AP on 9/25/07


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