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Hinglish

01-07 09:21 PM

Hello miss neha ,

Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

Regards
Hinglish

I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

I applied for H1-B in FY 2008 under master quota from a small consulting company B.

My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?


Thanks,
Neha

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ksvreg

02-24 10:54 PM

Thanks for the info. I read this before. I want to get the opinions based on the current trend. I just want to find out risk worth. (something like cost benefit in economics terms) :)

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amitjoey

10-23 11:57 AM

No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.


I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

Thank you guys for your attention and thanks IV for the good work done so far.
:)

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HereIComeGC

03-26 01:49 PM

How did you come to this conclusion?

From previous experiences, USCIS will work like crazy and use up all
visa numbers for EB2. Like they did last September - approving 60000 or so appplications.

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life99f

06-18 11:25 PM

Part 2 application type
I use EB3 , which one should I check? a ?
my wife file with me, which one should she check? b?

part 3 processing information
were you inspected by a US immigration officer? yes or no

what does the "inspected" mean?

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Karthikthiru

08-26 12:36 PM

Congrats. Did you change from AOS to CP? or You choose CP when you applied for I-140

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tikka

05-29 04:00 PM

I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.

Please do take a few minute and send web faxes!!

Thank you

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punjabi

08-13 11:12 AM

I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.

Unless there is already an active thread, we should not mind if someone opens a new thread!

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deba

02-04 09:25 AM

I am surprised to hear that you were not allowed to board from India. As I mentioned, I have no idea what the procedures are right now. You might run into an official or Airline agent who is not aware of the rules. In my case, I traveled from the US couple of times with AP/Canada PR. First time it was AA/BA and the next time it was AA/Emirates. The checking you will go through will include both immigration and airline staff. If you are transiting thru London Heathrow, you will have to get past a passport check and security screening again to get to your boarding gate. This is where the Airport staff will check your papers. The gate agent will check your papers at the boarding gate and might even issue a different boarding pass. In case you have any doubts, I suggest you take another route or get a visa. The higher cost you might pay by flying Lufthansa for example, will offset the cost of a visa. You don't want to get stranded in any case. Good Luck.

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ItIsNotFunny

11-17 11:41 AM

Don't need to be hard on him. There could be genuine friend or there are reasons why people don't want say its them.



Why are you so scared of posting by saying that this problem is with you. Why do you have to bring your friend in. If it is really for your friend, then why cant he come and ask himself.

I wish I had a friend like you who will find answers to my immigration problems ....

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Rajeev

08-10 02:54 PM

By other poster...

"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"

If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years

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gceverywhere

09-14 03:15 PM

call the attorney who is working on your case and ask if it's a good idea to go...

You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.

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chanukya

05-17 10:35 PM

I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...

1) Need not File LC
2)U R not counted against the Quota

A hypothetical case where it may not work

But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.

In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.

So for those kind of mismatches it will be really difficult to justify releif under this clause.

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pkv

04-13 05:35 PM

For a medical REF how many days do we have to reply?

Thanks,
RabiS

Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.

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desi3933

06-19 10:07 AM

If there is sufficient time left on H1B, can one go for stamping at consulate although I485 is filed.

Yes. H1-B stamping has nothing to do with I-485 filing.

Please do some research before posting any question. Thanks!


Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002

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ilikekilo

06-02 05:26 PM

did you send web faxes and contribute to IV, if not please do

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waitforevergc

09-04 02:05 PM

People:

Please pray that EB2I becomes 2008 :)

I desperately want to file for i-485 and get EAD since my job is in shaky ground.

Please pray for me folks.

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ashwinicool67

04-27 07:18 PM

Hello,

I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

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freddyCR

January 5th, 2005, 04:03 PM

Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

OH.....can you get me a diet-Pepsi????
Aw..:o Thanks, buddy. I've been in other forums, and I quite like this one, 'cause people are not afraid of saying what they think... that's the only way to improve

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wandmaker

08-17 12:39 AM

I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

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VisaExpert

08-18 04:53 PM

The above blog doesn't have up to date information. I had my visa appointment last month and it went very smooth. I felt confident too not only about the interview but also about the surroundings......thanks to the blog below.
H1B Visa Stamping Tijuana, Mx (http://www.tijuanah1b.blogspot.com)

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