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  • desidas
    01-23 08:28 PM
    Ramba,

    Please advise

    I dont work for my GC Sponsoring employer anymore and I dont have H1B either

    Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?

    I changed jobs using AC-21 and working on EAD now and H1B not valid anymore





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  • vphope
    02-18 05:28 PM
    Hi boston_guy147

    Are there any OPT Electrical Engineer positions?
    A friend is looking ..
    Is there an email/ph to contact you?

    Thanks

    This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

    I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

    I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

    I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

    Thanks a lot - your help is much appreciated!





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  • nixstor
    05-14 07:28 PM
    This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

    This means that we have to stay put and work towards our common goal of getting the system fixed.





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  • vamsi_poondla
    02-18 06:04 PM
    You may want to know the pros and cons. If you want your baby to deliver in US, you can try visitor visa route I guess,,,not sure if it allows dependent child to stay with you more than 1 year.

    Or best - wait for baby and deliver him after getting citizenship :-)

    Or check with Angie Jolie/ Bradd Pitt couple..they must have tried all the above and more alternatives ;-)



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  • sravani
    05-15 12:50 PM
    Is there already a poll like this for EB3?

    EB3 polls are here:

    http://immigrationvoice.org/forum/showthread.php?t=4440

    http://immigrationvoice.org/forum/showthread.php?t=4420





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  • gc_chahiye
    06-11 06:02 PM
    You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.

    what happens to the H1 extension if the I-140 is subsequently revoked?



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  • docwa
    05-04 05:56 PM
    I discussed my situation with Mr Finklestein a senior Lawyer, with Sheila Murthy firm. He says, I can anything with my time as long as I have an employment offer letter that has a job offer to match the labor cert at time of adjudication. With Eb2 India being as retrogressed as it is, that could be 5 years away. I am going ahead with fellowship on EAD.





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  • simple1
    10-06 03:43 PM
    This is a fake post, read it carefully. There is clear fact gaps.
    Explaining fact gaps will train them to create queries that look real.

    just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.

    atleast he is not posting anything bad against IV or any religion or anything negative.


    MC



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  • xu1
    08-24 01:43 PM
    hello days go by,
    kinda new here.
    is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

    overheard most are EB2/3 cases and not many 245i cases.

    One thing for sure is that no file in BEC is EB1. The rest is all guess:

    If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...

    The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..





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  • kpchal2
    03-03 11:55 AM
    chanduv
    thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
    thanks a lot in advance.



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  • ilikekilo
    03-03 09:30 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    I hear you...however the probability of success predicting the odds with USCIS are zero to none.. be +ve and move on.. Listen, iam not being philosophical here but I did move on from a so called "secure" and great company using AC21....to a smaller one....

    was I concerned when I was planning to move : yes
    do i loose sleep over this? no
    did i file for ac 21? yes
    Am I really worried : heck no
    Am i ready for anything that comes my way from USCIS: heck yes and I will deal with it..easy to say..yes..but doesnt mean it will stop my life..

    ps: btw Iam not single and yes I do have a family with a kid and ofcourse commitments like most poeple... so relax ..take it easy..

    reg your question i am sure somone in teh forum is more knowledgeable than Iam..





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  • nogc_noproblem
    04-10 04:07 PM
    Lou Liar Dobbs lied even in this case also. Couple of days back in his show he said more than 400k H1B applications filed. He never gave correct statistics when it comes to legal immigration. It is disheartening to see nobody could able to do anything about his biased campaign.



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  • FrankZulu
    08-12 04:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit

    I have tried multiple sources and following is the response:
    * SR (july 19th): No response Yet
    * IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
    * Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
    * Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
    * InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.

    To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?





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  • sobers
    07-14 03:10 PM
    alabaman

    lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.



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  • abhijitp
    02-15 10:49 AM
    ^^





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  • srh1
    10-28 03:43 PM
    I went threw the forum but was not successful in finding . If possible can you please send the link.

    Iam primarly intrested in knowing two things

    1. How long can the consultant stay with existing employer after GC.

    2. Does he have to be on payroll all the time till he is with The existing employer. I was on payroll for 2months and my project ended and will there be any problem if iam out of job for next 2 to 3months considering the market conditions.



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  • PHANI_TAVVALA
    12-02 10:08 PM
    Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.





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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.





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  • perm2gc
    08-26 01:19 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.well said dude





    willwin
    07-15 05:10 PM
    I got my PCC in San Francisco Indian Consulate last year assuming that I might get the appointment. but never happened until now. I am not sure that is still valid PCC. I might have to go to India and then apply for a new one from the local police station.

    Is it not much easier to get the PCC renewed (basically a new PCC from here)?





    ajju
    02-27 02:48 PM
    I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?

    If your lawyer filed on your behalf.. the receipts might've just went to him... Check with your lawyer...



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