Sunday, June 26, 2011

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  • Green.Tech
    09-17 11:45 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!


    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.

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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.

    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.

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  • jamesingham
    06-22 04:20 PM
    Mine is the same company that applied for EB2 in the first place

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  • sukhwinderd
    10-18 02:28 PM
    even i saw red warning message appear on the screen for 2 of my fingers.
    once i submitted finger prints to FBI for australian immigration. could be because of that.


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  • uslegals
    11-04 03:15 PM
    radhay - i have sent you a PM. I would appreciate it if you can please respond.

    Thank you!

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  • mohican
    02-18 02:58 PM
    take into account that there was holiday season in between


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  • here4gc
    04-09 02:44 PM
    call or check with can ask to be on the phone that you can get any questions answered..

    I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...


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  • salai007
    07-17 06:05 PM
    My Big thanks to IV core members !!!


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  • akred
    07-14 06:31 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.

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  • modvik
    05-25 12:12 AM
    Thats a great idea. Could one of the moderators please do this. Raise the urgency on this so that some the dormant ones do it as well.


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  • ssksubash
    03-10 02:23 PM

    Starting from Jan 2010 there are new rules for getting the prevailing wage info. The turn around time for this in worst case is 60 days. Do you happen to know if there is any way to expedite this.

    Also do we have to go through DOL to get this info or can we use any other means.

    Any information is highly appreciated.

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  • wandmaker
    10-12 04:25 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.


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  • s416504
    09-04 01:44 PM
    I called 1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts) Today.
    Same reply due to high volume wait for 90 days

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  • Geni
    05-30 09:43 PM
    Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE

    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.


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  • pbojja
    04-23 10:52 AM
    My case transfer status clearly indicated that it was transfered to TSC.

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  • abhishek101
    05-28 07:28 PM
    It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

    If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

    there is only one exception

    If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.


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  • codehari
    04-09 12:46 PM
    I did the same cruise with just Drivers License.

    As ship travels in US waters no need to have VISA Stamping...

    Unlike Alaska cruise ships leave US waters and enters Internationa waters, so you need VISA.


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  • h1techSlave
    04-09 09:45 PM
    In my experience, the best Realtor is the the guy who would stick with you, when some unexpected things happen in the deal. Example: One of my friends purchased a home. After every thing was done, they noticed a major repair costing a couple of $1000. When my friend talked to the seller, the seller simply washed their hands off, saying the deal is over. Then my friend contacted the Realtor and explained the situation. And the Realtor took over and got the repair done by the seller with only a nominal payment from the buyer.

    If you buy a home worth 300,000 and if the Realtor gives back 0.5% (typical) or even a 1% that amounts to only $1500-$3000. Not really a very big amount considering the cost of the house.

    I would answer this:
    The best realtor is the one who can give you some money back from his commission...:)

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  • GCwaitforever
    03-07 06:55 PM
    Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.

    10-15 12:01 PM
    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?

    Colorado is one and very very strict.

    10-07 12:33 PM
    My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

    Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

    I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

    Suppose she gets married before the green card what will happend to her case. Please I need advise.

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