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  • prdgl
    02-11 11:08 AM
    But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.



    If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker




    Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.

    Your thoghts are important. Please let me know.

    Thanks





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  • snathan
    02-17 08:05 PM
    Hello,

    I have a question regarding my employment & H1B.

    I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.

    So I have applied for H1B transfer last week with company "B"

    I got a call today from company "A" offering me a job.

    Is it possible for me to work with company "A", while my application for H1B transfer is pending?

    I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation

    Any help in this matter will be greatly appreciated.

    Thanks

    As long as you have valid H1 with company A...you can work with them.





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  • bheemi
    08-20 10:52 AM
    hi,
    i am same as u r case.
    u HAVE TO request your attorney or u r self should raise a service request and take infopass to start the processing case..unless u do something about it..they wont apply eb3 PD to EB2 pd autaomatically..they dont ahve any tracking system to do it..
    U have to fight for it..and raise service requests etc..





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  • bestin
    05-30 10:57 PM
    Lets forget about Company B.I understand his question is whether he could join company A.

    ok to answer your question

    I would recommend you to goto www.allexperts.com.
    Click "News/Issues"
    under Government click "immigration issues"
    In the window click immigration issues.

    I would recommend Ajay Arora or Ramasamy.If they are online when you access post this question there.U will get a reply within 3 days.A clear solution.....

    In my opinion I think you are okay to join company A subject to the following

    1.Since when you left University.
    2.Did u have an I94 attached with your company A approval notice?

    Hope this helps.



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  • ameryki
    08-27 10:21 PM
    mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.





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  • mihird
    07-11 05:29 PM
    www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.

    Dude, don't accuse me of anyting...I never said its a government site, although it does look like one - now that you are telling me that it not one - thanks for clarifying...


    I think, the emails would still go to Bush/Cheney...



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  • austingc
    12-24 10:25 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

    Sorry to hear about your I-140 denial. Can you tell us why it was denied?

    1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
    2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
    3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.





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  • fcres
    06-27 02:30 PM
    My spouse had one A# with his OPT and another one when the I140 was approved.



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  • vandanaverdia
    09-10 12:59 AM
    ^^^ bump ^^^





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  • skothuru
    06-28 03:29 PM
    Our Employment Verification Letter States:
    We are looking forward to his continued employment with us. --> Is this OK?
    Or should it be something like:
    We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.

    Plz Advice!!!!



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  • MYGCBY2010
    07-27 04:21 PM
    I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
    But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
    Also remember, G639 form is for FOIA request for USCIS only.
    You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
    Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS

    Did you put in your A# OR THE Petition Number 3 in that form. Please respond.





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  • EkAurAaya
    05-24 12:42 PM
    http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms

    Great immigration debate has Indians steamed up
    24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK


    WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.

    Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
    for the skilled immigrants lobby say.

    Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.

    "What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)

    According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.

    A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.

    Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.

    Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.

    Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.

    Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.

    To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.

    Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.

    So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.

    According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.

    If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.

    "Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"



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  • dupedinjuly
    07-18 03:50 AM
    http://www.nytimes.com/2007/07/18/washington/18visa.html





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  • obelix
    08-21 07:24 PM
    I am in a similar boat [not sure about the reason though, no reasons were given]. My lawyer is going to re-file with premium processing citing an old receipt date of June 27th, 2007. Any updates from your side?

    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.



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  • bitzbytz
    12-05 02:36 PM
    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz





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  • India76
    06-04 09:33 AM
    Is there going to be CIR Debate in senate today?



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  • bb8185
    06-05 10:54 AM
    You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

    Elaine, many thanks for taking the time to be on this forum.

    Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.

    Many thanks again





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  • snathan
    09-01 12:55 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada

    I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.





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  • moe
    02-04 11:26 AM
    hi everyone..i try to long sotry short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
    but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
    Q1-do i have rigth to work here now?
    Q2-do i have to wait realy long time?
    Q3- can i do anything for waiting time shorter?

    MY lawyer is good man but i can even talk to him when i need





    bpadala
    05-08 05:42 PM
    You have successfully signed up for a subscription to Donation to Support Immigration Voice (User: bpadala) using PayPal.

    Your first subscription payment, for $25.00 USD, has already been sent to Immigration Voice.


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    abhisam
    07-09 02:12 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.

    Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.