Friday, June 17, 2011

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  • mchhokar
    05-15 03:23 PM
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?

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  • sush
    07-09 01:06 PM
    Mine is TSC peding since May 2006.
    Upgraded to PP on Jun 19th 2007, no updates yet.

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  • fromnaija
    11-09 02:10 PM
    Actually, I did fill out that part.

    Thank You for filling in and for your suggestion.
    Have you filled some details in the section of "Any other way you have contributed to the American Economy / Community." in the survey?

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  • saketkapur
    03-22 12:12 PM
    This is just an opinion and things can be different from case to please do not take this as legal advice.

    As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
    Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.

    No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
    Please talk to a reputed immigration attorney to get clarifications regarding your specific case.


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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.

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  • GC08
    07-08 08:07 PM
    None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)


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  • pappu
    08-15 11:24 AM
    See this and if it helps you courtesy (

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.

    08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?

    * We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.

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  • chanduv23
    09-04 04:14 PM
    Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.

    Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS


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  • jthomas
    06-07 11:31 AM
    I don't think its a good time to change jobs. There are many who are looking for a job after getting laid off. I think till the 2nd quarter of 2010 just keep your job. I may be wrong too.
    the best thing is to keep a open eye all the time and whenever there is a opening in any big project with a good pay hike then move.
    If you have EAD then you don't have to worry about H1B transfer.

    If you like, Join the "job networking on IV" google group and you wouls find many members with your similar skillset.

    J thomas

    I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..

    Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?


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  • phillyag
    07-20 02:15 PM
    If I have applied for 485 can I still do that ?


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  • justin150377
    06-22 09:27 AM
    any advice?

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  • txh1b
    08-06 07:36 PM
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

    1. Possibly can with a divorce.
    2. #1, can be considered automatically revoked if divorced.
    3. No


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  • mhathi
    10-01 11:00 AM
    Priority date needs to be current both at the time of filing 485, as well as at the time of approval. Hence, PD is very important even after filing. The issue I do not understand is how the applications are processed. Are they processed in the times only when PD is current, or are they processed regardless of PD but lie in pre-adjudicated status until the particular applications PD becomes current again (if retrogressed)?

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  • pmamp
    06-13 09:21 AM
    I work for US university on H1B. Based on my knowledge the following are valid points.

    - There is no deadline or quota for H1B visa's for these non-profit orgs.
    - You can transfer from F1, OPT to H1B (I did the same).
    - If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.

    So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).

    So, if you want to get a H1B visa try to get in directly with non-profit organization.

    For many US university jobs you can visit:

    Good luck!


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  • ramus
    06-28 04:38 PM
    Why you increasing everybody's pressure??? Don't you have anything to do better then this?

    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp

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  • freeskier89
    03-02 11:55 AM
    o yea, guess i should have asked this before posting!
    Nah, now he has to accept it :D !


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  • FredG
    November 26th, 2005, 02:23 PM
    I like the second one. There is a mystique about the darkness and what might lurk beneath the visible. As others have mentioned, more DOF would work better.

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  • hmehta
    09-07 11:59 AM
    Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).

    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there

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  • viper673
    06-08 11:11 PM
    Hi Dingudi,

    The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.

    The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.

    11-25 08:06 PM
    I contributed $20 to this cause.

    04-02 10:45 PM
    I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.

    1. Quit their job
    2. Form an LLC and self-employ
    3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
    4. Wait six years.
    5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.

    I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!

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