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  • dummgelauft
    09-11 08:36 AM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo
    just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.





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  • GCSOON-Ihope
    11-04 05:32 PM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,
    pan123

    Of ourse you can always find a new employer!
    However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
    Whenever you want to switch jobs, you have to apply for a whole new H1.
    Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
    what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
    In your situation, just file a new H1 with a new employer, that's it.





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  • jonty_11
    02-14 03:59 PM
    This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.





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  • meridiani.planum
    02-29 12:09 PM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

    correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

    If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)



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  • edgarrecto
    10-09 01:18 PM
    i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.





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  • j751
    10-24 01:41 PM
    BTW what does Murthy charge?



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  • willwin
    08-11 10:42 AM
    thanks willwin

    Thank you for initiating this!

    I just followed your effort.





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  • marty
    01-09 03:28 PM
    don't u come under refugee category? just like Iraqis?

    No. I was born there but was raised abroad.



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  • crazyghoda
    06-15 02:34 PM
    If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

    OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.





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  • needhelpASAP
    04-25 06:04 PM
    Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:


    While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.

    My H1B was processed with premium processing fee.

    H1B approved on 04/20/2008. (But it will be effective n October 1st)

    I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)

    Am i out of status?
    (Technically I was working on OPT; did that change once my application was approved?)

    Am i still eligible for employment? (I have my OPT till 06/22)

    Can another company apply for another H1B petition for me OPT expires?
    (will expire on 06/22/2008) How long do I have to find another employer?

    Thanks in advance!



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  • EADchallenged
    03-23 12:24 PM
    All,

    I dont know what you guys think about the competing bills - Frist and Specter, but I get the feeling that the Frist bill which does not include any of the Illegal immigration amnesty provisions but does contain almost everything you would want for EB immigration better serves our purpose.

    The Specter Bill with the Guest Worker Program even if it passes the Senate will not pass the hardline conservative Congress - which could mean that all our EB provisions also get scuttled. Hence, I think it is in our best interest if the Comprehensive Immigration Bill (Specter) does not see the light of the day on the 27th. I would desist from urging the Judiciary committe from trying to make the deadline.

    What do you guys think





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  • Libra
    09-15 10:21 PM
    bumping



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  • ch102
    02-24 11:11 AM
    http://news.yahoo.com/s/bw/20090224/bs_bw/feb2009tc20090223946195





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  • dixie
    05-25 08:46 AM
    I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.



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  • jsb
    12-02 10:41 AM
    I am in the same boat ... albeit little behind you...

    My PD is also Aug 2005 (EB2).
    My ND is Sept. 17, 2007 and RD is Aug 7, 2007.

    Hopefully someone picks up my file from the dungeon and at least remembers me... :)

    I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!

    Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).





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  • waitin_toolong
    08-15 06:51 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.



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  • QuietFlowsTheDon
    06-03 01:36 AM
    Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
    you would need .NET framework(minimum version 2.0) to run it.
    it supports indian passport photos too (3.5 cm by 4.5 cm) :)





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  • saimrathi
    07-10 09:45 AM
    I heard once you get your GC, you have to stay 6 months in US?

    thats correct , india is booming right now and it will only go up
    So i think that even if we succeed in getting the green card , we should always have one option to going back.





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  • Ram_C
    11-08 12:44 PM
    Hi all,
    This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.

    The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(

    The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.

    Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:

    In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.

    Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:

    I would much rather be safe than sorry.

    Thank you all for ur replies...


    you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.





    lost_in_gc_land
    01-31 01:24 PM
    Hi statuslaw,
    Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you

    Rahul.





    skdskd
    09-16 01:25 AM
    Keep up



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