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  • aniltatikonda
    02-08 05:00 PM
    So there is chance of getting RFE if your application got picked from both the employers... which is very unlikely however.
    Dont know which way to GO however??





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  • LostInGCProcess
    11-10 11:47 AM
    Dear Friends/Experts,
    - I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
    - My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
    - The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:

    I will appreciate your quick response.

    Thanks, :confused::confused:
    Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.

    Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.

    Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.

    Enjoy your trip and congratulation on your engagement!!





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  • franklin
    02-09 12:37 PM
    I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.

    Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.

    Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)

    With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!





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  • mantagon
    09-23 02:12 PM
    to convince them by saying that if a person can legally work in the US, a fact they acknowledge, the person can very well study! I don't think there would be any law that explicitly states this because it seems to be illogical that someone can work legally in a country, but not study! The reverse makes sense and that's why there are explicit laws about that. Good luck!



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  • indianabacklog
    10-30 12:37 PM
    My EAD application has been pending more than 90 days.
    Just called the USCIS office.
    Look like the center it has been sent to is processing EAD's of date: May 03.
    So my application is still 2.5 months away.

    The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

    Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
    Looks like it isn't :)

    It is dead and buried. If you make an infopass appointment they will simply send a message while you are there to say the processing time is beyond 90 days.

    Then you should either get an interim EAD or the real thing from the processing center within two weeks.

    The local office does not issue any EAD's.





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  • americandesi
    10-04 01:41 PM
    I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.

    "What's the purpose of your visit to Las Vegas?":confused:

    I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.

    I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D

    I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)



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  • h1techSlave
    02-12 01:06 PM
    Nice idea, but they should allocate new visas for home purchasers.

    Any ways, I have signed the petition.





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  • kondur_007
    08-21 08:14 PM
    Thanks for your opinions.

    Sorry, I should have included my Category EB2 and Country India in the original post.

    I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).

    I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
    I am sure there are many on the board like me, and I guess I am looking for some courage, either way.

    I would add one more thing: make sure to get an advise from a good competent lawyer, as in certain cases it is advisable to send AC21 package to USCIS and in others not. There is no clear law or memo on this. But a competent lawyer should look at everything and make that decision.

    In any case, my personal opinion is: If you have a good offer, MOVE ON. You will be just fine.

    Good Luck.



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  • Maverick_2008
    04-07 05:59 PM
    Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.

    Maverick_2008



    Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
    Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.





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  • prasadn
    01-07 07:20 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.

    "Status" and "visa" are two different things. A "visa" is only required for entry to the US.
    I am not sure if the earlier denial of visa stamping will have an affect on a COS application.



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  • munnu77
    06-05 01:41 PM
    -





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  • Lacris
    07-18 01:39 AM
    They might return urs , simple.
    :confused:
    Could you answer this? We applied in march for 140/485. I have EAD, AP and FP done.The problem is that I don't remember seing the I-140 application among the papers we had to sign, and nothing just for my husband to sign, which would be normal, since he's the primary applicant. I thought at the time that I-140, being thru the employer doesn't have to be filed personally? Do you think it's possible the I-140 was accepted by mistake without the signature or should I enquire more and maybe my husband signed it at work and doesn't remember?
    Thank you



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  • JunRN
    12-27 08:12 AM
    Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.





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  • dhirajs98
    01-13 10:31 AM
    Receipt date is July 2nd, 2007.

    Unfortunately, its the company lawyer and I cannot use a different lawyer's services.

    Don't use other lawyer .. just consult them. You can setup a phone call with them by going to their website. Take the advise and ask your company lawyer to do that.



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  • Macaca
    07-11 06:21 PM
    Write an email with all rally details. Save this email in your Yahoo draft folder. Send the email to the person after you have talked to him/her. Now the person does not have to write rally details!





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  • Krilnon
    01-21 11:31 PM
    Feel free to steal any of the tedious collection work that I've done, like the JS/AS array associating the filename, author, and title.

    Here is a ZIP archive with the SWFs that I harvested: http://reclipse.net/kirupa/fxpression09/fxpression_entries.zip



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  • chem2
    08-17 07:07 AM
    The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.

    I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.

    Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.

    good luck. i hope everything works out for you.





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  • vinabath
    03-24 03:22 PM
    LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:


    You know what my beard already started growing.





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  • smuggymba
    10-18 03:13 PM
    My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

    any exp with texas DMV about giving DL to EAD OPT holders?





    andycool
    07-18 11:05 AM
    here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

    (note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

    1. landed in the united states on f-1 visa -- september 2000.

    2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

    3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

    4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

    5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

    6. graduated with advanced degree (and high academic honors) in december 2006.

    7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

    8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

    9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

    10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

    11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

    12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

    13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

    14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

    15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

    16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

    17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

    18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

    notes in conclusion:

    1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

    2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

    3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

    4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

    5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

    reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

    Dude ,

    Its indeed a long Journey ....

    Enjoy

    Thanks





    vinzak
    06-17 12:45 PM
    I'm not a lawyer so please don't take my thoughts as the ultimate truth.


    It's illegal for you to work on an F1. But it's not illegal for you to be a sleeping partner in a business. So I guess you can setup a company with a citizen/GC partner and sell yr app thru that and collect the proceeds as dividends.

    Or you can also register a company in your home country and sell the app through that. So technically u wouldn't be making money in the US.

    There are a million ways around these laws. The question is are you gonna make a lot of money? If you are, you can afford lawyers up the wazoo to make yr case.

    So pursue yr dreams and stop worrying about silly things like immigration laws if you have a big idea.

    For inspiration, look up Phillipe Kahn on wiki. He started working as an illegal immigrant programmer for HP, and became one of the greatest forces in software.

    Hope that helps.



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