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  • print0104
    08-29 04:57 AM
    You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.

    um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
    Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.

    By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
    Thank you guys~





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  • vjzzz
    09-30 03:31 AM
    I have my visa stamping this week in Nogales, Mexico. Does anybody have any advice, tips, etc? Hoping to get my stamping on the same day of my appointment, thats one of the reasons I booked by appointment there.
    I will be using the assistance of NVS International for my transportation, bank draft, hotel, etc. If anyone needs assistance in Nogales they can help you out: www.nogalesvisaservices.com. They seem to offer very good service in Nogales, heard good comments about them.





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  • marty
    01-09 11:46 AM
    marty,

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.

    Thanks,
    Seyed

    Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.





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  • gcisadawg
    01-09 11:44 AM
    marty,

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.

    Thanks,
    Seyed



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  • reddymjm
    06-19 03:37 PM
    As far as I know, NO he cannot.





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  • GC9180
    06-03 08:05 AM
    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
    source:http://immigration-law.com/


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc



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  • desi3933
    02-25 01:08 PM
    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

    >> Since she is currently on an H1B, her previous H4 stamp is invalid.
    Incorrect. Total BS in your post.

    Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.

    __________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • krishnam70
    05-05 04:37 PM
    No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

    But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.

    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers
    kris



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  • sreeanne
    01-01 01:47 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree





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  • maristella61
    04-20 12:42 PM
    Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.


    I did and he says we will submit a copy of the Visa and just hope they do not request the approval letter.
    I was just wondering how important an approval letter was if you have the visa stamped on the passport. That should be proof enough of legal status.



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  • sunnymit
    05-24 09:20 AM
    Nobody wants to 'predict'? Or people are interested only in seeing the real data!

    I guess everyone is just tired of making wrong guesses...





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  • jvs
    12-03 12:29 PM
    I did H1 stamping out of Mumbai in May 2010, not as recent as you would like. The 221G threat level was high as usual. Same jobs for 8 years and its full time position, probably aided smooth sailing. No documents were asked, just couple of questions about designation and pay. The consulate network had gone down that day so was advised by the CO there would be delay in visa printing on PP. Got the PP after 10 days instead of usual 3 days. This was 4th H1 stamping in same consulate.



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  • karanp25
    07-06 03:34 AM
    yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.

    Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.

    Thanks





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  • masti_Gai
    11-16 01:34 PM
    Yep u need the original I H1 petition from the company for which u r working rite now. For the rest just a copy would suffice. The I-94 which is a part of ur H1 petition form Company C is very much required. You need to return that while u go out of US.
    When you enter US anyways u will get another one.

    Have a nice vacatioin:D



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  • maddipati1
    11-20 07:02 PM
    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.


    hari,

    did your lawyer told you that u can go out of US while AP is still pending?

    Krishna is correct. read the I-131 instructions carefully.

    i am in the same boat. waiting for AP and trip planned with tight schedule.





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  • GotGoose?
    04-10 10:52 PM
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  • qplearn
    09-10 10:31 AM
    Bravo!

    That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!

    Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.

    Keep up the good work!

    qplearn





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  • bestofall
    06-15 05:19 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    my friend went to India for 4 month Vacation.

    1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company

    As long as you prepared tos how required papers ..no issues





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  • h1bnogc
    08-28 10:20 PM
    Hi,
    I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
    I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)

    Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.

    There are 2 dates on your visa stamp:
    1) Visa expiration date
    2) H1B status expiration date.
    Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.

    Misha: how did you convince POE in second time? Thanks for sharing this...





    gapala
    02-09 09:54 AM
    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.

    You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.

    Your case is slightly different than working for multiple employers while on H1B.

    You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.





    Dhundhun
    04-29 11:14 AM
    Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.

    USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.



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