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  • sky7
    07-26 10:09 AM
    Dear all...

    I need some advice here...

    Here is my current status:

    **LC filed: Sept 2002, EB2, RIR
    **I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
    ** On 7th yr H1B ext - expires March 2007

    My questions are:

    1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

    I actually asked the my lawyer the similar question, this was her response:

    "There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

    Can I get a second/or more opinions on this?


    2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

    3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

    4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


    I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


    Thanks in advance for ur help

    Sky




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  • bkam
    01-31 10:55 PM
    Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.

    These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.

    This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".

    I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.

    In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.




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  • mhb
    07-04 10:12 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
    try to get the h1b from canada ottawa and take an immigration attorney with you to the consulate to stand with you during the interview.




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  • rb_248
    01-13 02:21 PM
    you are a selfish person. you do not care about the rest of the iv community.

    these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.

    Let us somehow try and push SKIL bill. It almost got to the floor last time.



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  • jonty_11
    09-17 04:49 PM
    there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...

    Anyone has a link to that legislation..?




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  • Sakthisagar
    05-19 09:43 AM
    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

    How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.

    I can understand where you coming from.. Mera Bharath Mahan

    But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras



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  • perm2gc
    12-16 07:41 PM
    I would like to know some details about EB3.

    Currently the priority date for EB3 India is May�01.

    My PD is Mar�2004.

    When no reforms happen, how long approximately it will take to reach my PD.

    I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?

    Thanks
    10Yrs is my guess.:D




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  • gcpadmavyuh
    09-23 11:54 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!



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  • thomachan72
    09-19 05:03 PM
    I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
    Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.




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  • GEEVER
    January 31st, 2008, 02:36 PM
    well thanks i'm thinking now that it's a good idea that buying an old one thing...i think i'll do it



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  • rad123
    02-08 02:10 PM
    Try KLM airlines or Lufthansa. You do not need any transit visa.




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  • go_guy123
    10-23 02:02 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.

    Yes very true....actually thanks to organizations like IV a lot of lawmakers now understand the EB backlog. There is not a major opposition to EB reform.
    It is the CIR that is holding this back.



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  • rvr_jcop
    02-17 11:33 AM
    Ok ..
    Now I dont want to change my employer .
    But my employer doent pay when I am on bench . So I may not having paystubs after March .
    Will it cause any problem to H1 extention ?

    Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.




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  • mwin
    11-27 10:26 PM
    From murthy: http://www.murthy.com/news/UDac21qa.html#1

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.

    Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965



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  • atlfp
    04-08 01:26 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.


    like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.

    The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.




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  • sukhwinderd
    08-22 02:54 PM
    http://www.immigrationportal.com/archive/index.php/t-135211.html




    Date

    Motor Vehicle Commission
    RSS Site Name
    RSS Site Address


    I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

    I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

    Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

    I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

    Legal & Regulatory Affairs Unit
    Motor Vehicle Commission
    PO Box 162
    Trenton, NJ 08666-0162



    Sincerely,



    Signature of
    individual certifying
    the information

    Print Name & Title


    i picked this from another web site. but it does work especially when you have legal details.
    8 CFR 274a.12(b)(20),

    also, as i said your lawyer might have to call there supervisor, they might not listen to you.



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  • gparr
    January 7th, 2005, 05:42 PM
    I have the Sigma 105mm macro with a Canon mount. I think it's one of the best lens values available and highly recommend it, for price, image quality, and build quality. It's not a fast focusing lens, but I can't imagine using autofocus for macro work anyway. I assume you would get the same performance with a Nikon mount.
    Gary




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  • probe
    10-07 04:23 PM
    I live in Ohio and my sympathies are with you. If another state has concerns with clause "non renewable/non transferable"then Ohio should also have concerns, but on the contrary Licenses are renewed in Ohio.I feel this is more of kneejerk reaction to 9/11 aftermath.I am dismayed, does policy makers are under notion that a alien (not from outer space) have to
    go through all the travails of a new driver if they move to other state !?.
    My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
    upon you.




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  • perm2gc
    11-08 07:57 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.

    Are you advertising your Law Office on the message board...????




    LondonTown
    07-24 10:50 AM
    Yes, this is administrative processing.
    Did VO kept your passport?




    rameshms
    08-05 08:37 PM
    I have not tried Dish IP TV. If you are only looking at Indian programming, you may want to look at WatchIndia (dot) TV. I must point out that the quality was not great (especially while viewing on a large screen, it was good enough a Dual Core laptop). Recently they have introduced a STB option. I am guessing this maybe good. Anyway, they have a 15 day trial, which you can check out.

    This could be one of your options, as you have a limitation of not availing of a satellite.



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