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  • shishya
    11-16 11:43 PM
    Folks,
    Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.

    I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.

    I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.

    PLEASE advise.

    Thanks!




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  • raysaikat
    07-08 10:39 PM
    but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.

    Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.




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  • wait4ever
    11-12 12:01 PM
    Hi California members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
    http://immigrationvoice.org/forum/showthread.php?t=22182

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    CAn you tell me the logic of posting multiple threads with this subject - wont just bumping the thread give you the same effect - this is really irritating




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  • Ann Ruben
    04-16 09:15 AM
    Unfortunately the rules of the PERM process are pretty rigid. It is unlikely that you would succeed in getting the denial reversed and the appeal process could take a year or more. Unless you are beyond your 5th year of H-1 status, your best course is to start the process again.



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  • md2003
    08-28 09:08 AM
    I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.

    Thx




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  • manishs7
    06-15 04:00 PM
    Mine was 4 dyas.. June 1'st week 2007.
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  • 485_spouse
    06-07 01:09 PM
    Ignore my question, found answer on following link
    USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Helpful Hints
    Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.


    Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.


    Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
    - If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.




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  • smuggymba
    10-05 08:23 PM
    a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.



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  • mjdup
    07-26 11:34 AM
    One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,




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  • kevinkris
    06-24 08:40 PM
    I am in same boat..
    Donno what to do..

    But after all my research, it's better to work with that employer A for say 1 or 2 years or if possible until you get GC for sometime and then move..

    Since the PD is Mar 2005, hopefully you will get with in a year or year and half..

    Good luck..

    Other possibility is use EAD to work with Company A and also do part-time but you will loose H1 status.. which is scary..

    Hi

    my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
    I am still working with my old company B .
    My question is Am i eligible to change company C
    without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
    Thanks,
    David



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  • SandeR2
    03-25 03:16 AM
    really good expression on the face!




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  • Carol
    03-09 01:00 PM
    I need to file for my tax refund now, but my employer is not sending me my W-2.

    I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
    When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
    I do not really understand how this works. Is her explanation reasonable?

    What shall i do for my tax refund now?



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  • cr52401
    03-02 09:29 PM
    It really help if you are close to end of the time. I got it in 2 weeks.




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  • sanjay02
    03-13 07:46 PM
    Dude
    For you to file I-485 the dates must be current, yes you can file for I-485 yourself.



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  • lance21broke
    10-14 01:37 AM
    How could this happen? This is very unfair. So how do want to deal with it?




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  • desanar
    04-05 08:49 AM
    Please share as much information as you can so it will also help views of this forum.

    Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.



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  • number30
    03-26 04:58 PM
    I have got my EAD, and my application was filed in EB3, 2005 in perm.
    With the kind of speed USCIS is working with, I fear I would never get my GC.

    Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
    I have read that for family based applications they regard the priority date as date of filing I-130.
    If I do so, will my current process be wiped off ?
    what are the repurcussions.
    Please advice.

    It does not wipe out any thing. But PD for Brother/Sister of Citizens ( 4th Category) is 04/15/1998. EB3 is better then that. Just apply I-130 in case.




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  • skd
    08-21 05:59 PM
    Today TSC processed only 863 cases:
    src0725250000 - src0725250863
    :confused:

    No they are upto src0725251299




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  • cilantro
    09-28 05:16 PM
    My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
    What can I do in this situation? Please advise.




    shishya
    11-30 05:52 PM
    Folks,
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!
    -Shishya




    cygent
    02-01 04:53 PM
    Hi Terpac,

    Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
    Which center filed NSC or TSC?

    Please consult your attorney, or also try www.thedegreepeople.com

    Do post/update your situation here to help the rest of us.

    Thank You!



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  • indyanguy
    07-17 09:16 PM
    My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.

    I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?

    Is it possible that there are more chances of LC substitution denial? If so, what are my options?

    Thanks!

    PS: This is a genuine LC substitution case!




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  • mbartosik
    04-01 11:30 PM
    This is from USCIS point of view. So they include all categories of I485 -- most will probably be family based. The I140 is exclusive to EB class. Of course USCIS does not publish stats that we would find really useful, even their process dates are works of fiction (or at least not totally accurate).




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  • bfadlia
    12-09 12:12 AM
    Guess what! Feb 1995 bulletin is also out!!

    http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html

    wow, u actually digged out the real feb95 bulletin.. amazing how many 'C's it had.. those were the days




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  • alterego
    01-17 06:28 AM
    Those of you planning to reach the 485/EAD "heaven". Please have a look at this
    link suggesting you apply for EAD 6 months in advance.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Apply too early and you are screwed by an early approval that will render your EAD valid for just 6 months(my last 2 were approved within 2 weeks). Apply too late and risk unauthorised work and or having to get fired/stay off the job.
    All this just weeks after they removed the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days.
    The USCIS is getting very mean with those of us waiting in the legal queue in my view. A lot is going on behind the scenes, I hope we are not all made scapegoats of dumb policy in the end.



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  • asdfred
    06-08 11:18 PM
    I do not think today is the day and tomorrow does not look any better..for Comprehensive Reform or Employment based reform..All we can do today here is just show some support to each other at IV




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  • drirshad
    04-07 12:31 PM
    April 10th is National Day of Action for Immigrant Justice

    Check your local city details below to participate.

    http://www.cccaction.org/cccaction/april_10_local_events.html



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  • Blog Feeds
    05-12 09:50 AM
    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

    The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

    Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

    The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).

    Let us know if we can help in your I-9, E-verify or Public Access Files compliance.




    More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)




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  • radhay
    04-16 08:28 AM
    adithi123, I am planning on sending to the address on e-filing receipt (TSC).

    Also, there is another thread open for e-filing EAD related topic so you can post your questions there. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/18737-ead-e-filing-experiences-eb-44.html



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  • sw33t
    08-01 02:31 PM
    Come on people. I wont stop bumping this thread until we reach 100.

    :)

    So sign up!


    http://groups.yahoo.com/group/texasiv




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  • gc122004
    07-25 03:50 PM
    I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.

    In other words if I go an take Info pass today when can I get the erliest scheduled date?.

    Thanks,

    I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.



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  • sam2006
    09-21 03:03 PM
    Guys
    i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..

    all the RN from SRC...

    any one on the same boat




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  • tkumar03
    07-03 04:37 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.
    thanks



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  • garybanz
    03-27 03:18 PM
    Can anybody tell the stages in I 485 approval.
    Backround check
    previous status in this country
    Medical

    what else they check during this stage?

    Following are the stages


    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You wait
    You get it :)




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  • thomachan72
    05-24 12:14 PM
    Can anyone tell me what is ADIT processing?

    I wish nobody answers your question even if they knew. How does your question relate to your thread heading?? It is really bad when people start posting catching headings and then post something that is not at all connected.



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  • VivekAhuja
    05-18 06:15 PM
    What US address did you give USCIS? And what are you planning to give them later?




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  • Widget
    03-15 06:10 PM
    I agree with you. I am not from India and we should concentrat on the problem of the GC problem.



    Guys, please don't start Indian firm bashing here. This site is being visited by people of other nationalities as well as offices of the lawmakers. We don't want to throw mush on the companies of our own country and look small. The info spgtopper has asked for is being asked by our lobbyst, so I would appreciate if you provide the relevant info.
    Just a request. Please delete your posts.
    Thanks for listening



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  • carbon
    11-01 04:35 PM
    any experts. please help.




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  • lostinbeta
    10-22 02:42 AM
    Ah... oldschool is the way to go sometimes.

    Just because it is oldschool doesn't mean it shouldn't be used :)




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  • vikki76
    10-10 12:33 AM
    So what was the outcome of roundtable?




    gsc999
    06-20 12:10 PM
    I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.

    I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.

    - GCDreamzz
    My two cents.
    --------
    My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.




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    06-24 09:10 PM
    Hello All,

    When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.

    Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:

    Any suggestion is appreciated.

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  • madhu
    05-20 04:37 PM
    Hi,

    I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09

    Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)


    Any thoughts in this gurus !

    See the spreadsheet for details

    thx
    mr




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  • Jaime
    04-09 06:37 PM
    http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/

    This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward




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  • ciber.couger
    07-15 12:08 PM
    my wife, my 2 years old son, and I will be there. We will do anything to get this thing going:)




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  • shana04
    02-23 04:23 PM
    I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
    I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??

    PS: I've already applied for my new passport and expecting it any time.

    Thanks in advance

    Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.

    Good luck



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  • a2k2
    01-12 03:34 PM
    When I went for interview beginning of this month I was asked for paystubs. Since I had them ready for all of 2009 I just handed it to them.




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  • roseball
    07-26 09:11 PM
    My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.

    Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?

    Appreciate your valauable advice.

    When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.



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  • cr52401
    02-13 03:19 PM
    Dear Friend,
    I filed 485 in June with eb3 . In December, I filed another I-140-EB2 with the same company. My attorney said she filed the second 140 with the request to upgrade my filed 485 from EB3 to EB2. Now with the new visa numbers my PD is current.
    What will happen to my case? Do they hold my file until they approve 140 with EB2 and then process the file or they move with the EB3?
    DO you think it is better to withdraw the second 140?

    Please let me know if any one of you has experience in this case. I have been waiting 6 years for this day and now....

    Thanks.




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  • needhelp!
    10-10 04:05 PM
    Date: Saturday, October 13, 2007
    Start Time: 4:00 PM Central Daylight Time
    Dial-in Number: 1-785-686-2400 (Kansas)
    Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)

    Please join the upcoming call for updates on current activity/future plans.



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  • krishnam70
    02-16 05:15 PM
    H1 Transfer and Extention
    Posted Today at 04:06 PM by eucalyptus.mp
    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.


    Thanks...

    For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.

    Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.

    good luck
    kris




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  • dbevis
    February 10th, 2004, 09:18 AM
    why?...it is not that noisy in high iso at all...very usuable compared to the d1x
    anyone heard more about this - fact or fiction?

    Don



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  • username007
    06-24 09:10 PM
    Hello All,

    When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.

    Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:

    Any suggestion is appreciated.

    Thanks




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  • yabadaba
    04-22 12:34 PM
    it means your case has a new lud



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  • M�rmUr3n
    04-19 07:41 PM
    That's a very cool effect, simple and interesting, nice job, but the price ,....mmm it needs something, don't you think?




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  • OlgaJ
    April 3rd, 2005, 06:50 AM
    I like the sharp sparkle of the first one.

    Olga



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  • agiridhar
    05-14 12:52 PM
    Anti trust lawsuits are brought about when it is found that a company or institution is using it's power of monopoly to bring in anti-competitive measures. In this case, which institution is using it's monopoly - the government?

    USCIS (erst while INS) I guess...




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  • fromnaija
    08-28 10:23 AM
    I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.

    Thx

    As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.



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  • amitjoey
    07-03 05:27 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.
    thanks

    I485 approved means GC Approved.




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  • hibworker
    02-13 01:45 PM
    Hi

    My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....

    So is it advisable to go considering the scrutiny at port of entry nowadays ???

    FYI she will be travelling by herself...

    Yes she can go as she has valid visa to come back. Let her carry your approval notice, recent employement letter and recent pay stub ... just in case they ask at POE. I don't think you should lose sleep over it. So what if there is additional scrutiny? If she hasn't done any wrong she should be alright.




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  • Ectheo
    04-08 12:45 PM
    Hmmm....Tool, APC, and In Flames....I like you. You know good music when you hear it.

    Nice stamps, btw.




    bayarea07
    02-04 04:30 PM
    Hello,
    I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).

    However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
    Is that a valid thing to do or do i need to re-stamp my visa.

    fyi.. my H1 was extended by 3 more years because of pending I-485 Application


    Few More Details to Add Here -
    I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.




    salvador marley
    04-25 12:48 PM
    thanks guys