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  • TexDBoy
    06-16 05:57 PM
    If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.

    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.

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  • indyanguy
    08-03 12:05 PM
    I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

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  • mlkedave
    03-06 07:56 PM
    I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...

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  • a_dips_1999
    06-16 05:39 PM
    I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.

    any help/feed back is appreciated

    thank you


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  • Gravitation
    06-04 10:11 AM
    Morning business @ 2:30 p.m. ??

    morning business - Routine business that is supposed to occur during the first two hours of a new legislative day. This business includes receiving messages from the President and from the House of Representatives, reports from executive branch officials, petitions from citizens, memorials from States, and committee reports, and the introduction of bills and submission of resolutions. In practice, the Senate often does this business instead by unanimous consent at other convenient points in the day.


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  • allen_1974
    01-21 11:23 AM
    I think you have maintained a legal status thru the transfer from A to B. So in my view your are fine even though there is a gap in terms of Pay stub for some days. But your status is legal.

    So dont worry.



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  • GC Khichdi
    10-24 03:44 PM
    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.

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  • dixie
    07-18 06:28 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Much worried.

    No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?


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  • rvr_jcop
    02-16 03:49 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.


    There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?

    I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.

    Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.

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  • jotv
    11-19 12:32 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .


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  • chanduv23
    06-28 02:46 PM
    I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

    So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right

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  • jack_suv
    07-20 10:49 AM
    After analyzing the normal benefits of filing 485 are:

    1. get Advance Parole so no need to go for visa stamping
    2. get EAD for spouse so spouse can start working

    Other benefits but rarely used.

    3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.

    For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.

    The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.

    The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.


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  • xyzgc
    11-04 12:49 AM
    humei tum se pyaar kitanaa, ye hum naheen jaanate
    magar jee naheen sakate, tumhaare beenaa

    sunaa gam judaee kaa, uthhaate hain log
    jaane jindagee kaise, bitaate hain log
    din bhee yahaa to lage, baras ke samaan
    humei intajaar kitanaa, ye hum naheen jaanate
    magar jee naheen sakate, tumhaare beenaa

    tumhe koee aaur dekhe, to jalataa hain dil
    badee mushkilon se fir, sanbhalataa hain dil
    kyaa, kyaa jatan karate hai, tumhe kyaa pataa
    ye dil bekaraar kitanaa, ye hum naheen jaanate
    magar jee naheen sakate, tumhaare beenaa

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  • sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent ( exists, it just gets confusing, that is all.


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  • coopheal
    02-10 02:15 PM
    5 Years should be fine.

    The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.


    As soon some one pays the federal tax for half a million dollars will be eligible for GC.

    With a minimum of 5 years of stay in the US and on any employment visa.

    All this employer sponsorship, labor, 140, 485 are BS.

    This is how it is all over Europe.

    In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

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  • jamesbond007
    05-08 12:35 PM
    Subscription Payment Sent (Unique Transaction ID #88F033017L228660C)
    In reference to: S-6SA40714TY0604400

    Original Transaction
    Date Type Status Details Amount
    May 8, 2009 Payment To Immigration Voice Completed ... -$25.00 USD


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  • yestogc
    06-30 01:37 PM
    You can have 2 H1B active at one time, but one should be fulltime and other which we call as concurrent H1B (part time).

    As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.

    The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.

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  • r2i2009
    05-15 04:26 PM
    The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

    Our problem is the least of the problems the country is facing right now.
    They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

    So let us be patient. Even if we get is not useful for either parties....because we cannot vote.

    Secondly, GOVT would lose EAD renewal, AP revenue etc.

    So let us get out the illusion that our bills would be is not going to help the ailing economy. It might help lawyers to earn some good bucks.

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  • augustus
    05-12 03:13 PM
    His position requires Masters Degree

    07-07 10:21 PM
    are you talking about filing LC for ad sent out already that I said ? or ...

    Showing 1 year of work experience when you don't really have that experience. You can be asked for pay stubs, employer verification letters, etc. for I-140 and maybe even for I-485. For all you know, you might have a smooth ride all the way to your GC. But as I wrote earlier, there's no guarantee when your past can come back to haunt you.


    09-16 01:30 PM

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