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  • gccovet
    06-29 02:45 AM
    For folks who are past the 180 day period:-

    When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

    I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.

    GCCovet





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  • ivuser9
    03-27 09:54 PM
    How did you manage to pull this one off ? you got an EAD without applying for GC ?!!

    Thats funny :-)

    cinqsit

    I think we meant to ask which category you applied for GC and got EAD





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  • gopikrishnayr
    09-07 10:34 AM
    I just spoke to my attorney and according to him there might be other repurcussions if I block the check. It seems he has heard cases where Federal govt can do proceedings against you for blocking a check and you might end up paying more. Did anyone block their checks sucessfuly and not get into any issues.





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  • gdilla
    02-28 11:59 AM
    I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.

    I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.



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  • sohilbt
    09-10 10:40 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.





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  • Jerrome
    02-24 01:33 PM
    Company B can not apply based on EB1, They have to apply only in EB2 or EB3.

    To Join company b you have to use
    L1
    - not possible.
    H1
    - October 2009 possibly if you get your visa
    - Green card not in EB1
    EAD
    - Not assure. Depends on Labor, 140 then 485 filing
    Last option
    - Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.



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  • santb1975
    11-16 08:41 PM
    This Holiday season .... Give a gift to IV

    --------------------------------------------------------------------------------

    With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers





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  • purgan
    04-26 02:52 PM
    vikki76 may have gone a little overboard with the salary statement, but the rest is true....there is simply more information stored in govt databases for a foreign national, hence more rigorous screening is possible



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  • RadioactveChimp
    04-16 12:00 PM
    thanks for the comments guys and dean
    i dont get waht your argument is about

    all I am saying is they are a tad bit boring and uncreative, but don't let that stop you :thumb: keep truckin' pal :D





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  • Leo07
    02-14 12:13 PM
    Thanks for your response.

    "...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?



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  • Macaca
    02-08 08:46 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.





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  • brij523
    02-20 08:50 PM
    Please don't miss the tomorrow teleconference.

    Thanks



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  • raysaikat
    03-13 08:26 PM
    Hi All,

    I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

    This is the matter that I have in my Graduate Status letter.

    "This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

    Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

    Please help me what to do with this situation and having letter from the university.

    I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.





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  • drsnh123
    06-19 11:55 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote



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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.





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  • abingc
    08-16 03:22 PM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.

    I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?



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  • gveerab
    09-12 05:19 PM
    Last month I filed using E-file system and got the AP within a month, I am very happy with E-file system. I used for both EAD and AP. Some people said we need to give fingerprints, if we file using e-file. But I didn't receive finger print notice.

    Below are the answers for your questions

    1) AP is a permission to travel, if you are not planning to travel plans need not renew. But it's good idea to renew, for emergency purpose. You need not worry about expiry date, it's not a Visa. EAD also same, I applied after my first EAD expired and got the new EAD.
    2) I am not sure about your second question, but if you use e-file,system will take care for u.
    3) You need not enter Attorney's name, you need to enter your name in self filing section. All the future communication including approval and receipt will come to you.

    Thanks,
    Veera

    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.





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  • ttdam
    12-03 01:56 PM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.


    Hi zoooom

    Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?

    Please advise, I m in similar situation

    Thanks in advance





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  • indianindian2006
    08-28 02:06 PM
    Link not working.

    Here is what he wrote and later removed his posting....

    Originally Posted by venkat80
    FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released

    Originally Posted by venkat80
    It is internal mail.





    helpmeExperts
    02-14 03:37 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation





    immigrationvoice1
    04-03 06:56 PM
    I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
    please advice

    thanks
    gcwant

    120 days (maximum) from the date of expiry of your EAD. The same applies for AP, if I am not wrong.



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