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  • Munna Bhai
    12-26 09:18 AM
    a)My 6 years H1b is over by May 07.
    b)I-140 Premium Processing pending.
    c)Got offers from other two company.

    Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?

    Thanks,:(





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  • ramus
    07-02 06:50 AM
    It is just 7 a.m. too early to say anything..

    So far so good, hope we are on the same note rest of the week.





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  • go_gc_way
    01-04 04:18 PM
    Posted on immigration.about.com
    http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888

    Thanks we_can, I was searching for this thread.





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  • bitu72
    01-31 10:04 AM
    first of thanks a lot for taking time and explaining this in detail.

    so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.

    RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
    assuming u r getting RFE in future. this realy is crazy.



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  • shantak
    03-17 11:24 AM
    PD: March 2005
    India
    I140 approved
    No FP yet
    I-485 July
    EAD and FP approved





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  • reno_john
    06-18 03:55 PM
    For people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.

    I-485 DOCUMENT CHECKLIST

    1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').

    Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.

    Fillable I-485 form:
    http://www.uscis.gov/files/form/i-485.pdf


    Application is sent to:

    USCIS Nebraska Service Center

    P.O. Box 87485

    Lincoln, NE 68501-7485

    2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.

    3. Two Photographs per 1-485,1-131,1-765

    4. Completed form 1-485 for Adjustment of Status

    5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.

    6. Evidence of Valid Nonimmigrant Status:

    Copies of both sides of any and all 1-94 cards
    Copies of all 1-797 approval notices
    Copies of any and all I-20's (if applicable, both sides)
    Copies of all IAP 66 forms
    Copies of all PT Work Authorization Cards (if applicable)
    Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE

    COMPLETED FORM G-325A Biographic Sheet

    I-693 form( Every civil surgeon mostly has this form)

    Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
    Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
    Employment Letter in Format
    Original for employee, copy for all other

    I-765/EAD DOCUMENT CHECKLIST (Optional)

    Documents required for EAD/I-765 per person:
    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
    Copy of past EAD card front/back sides
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)


    I-131/Advance Parole DOCUMENT CHECKLIST (Optional)

    Documents required for Advance parole/ I-131 per person:
    Completed form I-131
    http://www.uscis.gov/files/form/I-131.pdf
    2 photos (full frontal)
    USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
    copy of EAD card front/back sides,
    Copy of I-94 card,
    Copy of visa page of passport in color,
    Copy of driver's license,
    Copy of I-485 receipt notice,
    Copy of I-140 approval notice,
    Copy of Marriage certificate,
    Copy of birth certificate for children and a letter explaining the reason for travel
    Signed statement requesting advance parole



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  • ksiddaba
    07-04 07:39 PM
    Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.

    IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.

    The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.





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  • belmontboy
    02-19 04:11 AM
    1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.


    How exactly are illegals going to prove that they have been here for more than 5 years?



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  • immigrationsri
    06-26 06:25 PM
    Hi,
    I am on H1B visa for the past 2.5 years and my current visa expires on 30th Sept 2010. When i approached my company for visa extension, i was told that based on management decision they are changing my visa from H1 to L1. I have a question on this one. If i proceed with this process and in the mean time i get a job offer from different company in US that is ready for H1 transfer and extension, Is it valid? Can i continue to work on my H1 for remaining years? If this is not a valid case and i need to continue with L1 only (with current employer), Will my number of years to work in US be reduced?

    Please treat these questions as urgent ones and kindly reply.

    Thanks in Advance.

    Regards,
    Sri





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  • ak27
    02-20 09:32 AM
    I have written to my congressmen couple of times but I am yet to recieve any response. I will contact his office again this week..

    Ajay



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  • paskal
    07-03 03:51 PM
    I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
    at the maximum, youngsters will do this once ..to get some American experience.
    just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
    and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.



    nixstor,

    they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
    I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.

    albertpinto:
    it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.





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  • ca_gc
    02-14 02:13 AM
    "If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

    This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.

    ROW will have to wait more than the present if there are no per country quotas, which they would not like. Who wants to give up their advantage ? To hell with the Indians and Chinese. They will fight anyways and anything good coming out of it can be shared by everyone.



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  • GC_ASP
    03-18 05:47 PM
    Thats what I understood as well. Eb-2 benefited the most because of this.

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.





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  • ashshef
    11-11 02:31 PM
    Kindly Summarize and then Start Any Campaign.
    Step 1) Talk to CORE and Take Suggestion
    Step 2) Do we want to include members from other Forums?
    Step 3) Decide on Fax/Email/Snail mail campaign and Distribute Fax#, Email address and SnailMail Address.
    Step 4) Action.. :)

    Thanks for the effort behind this GCperm and Vin13.
    I agree with Step 1. Step 3 has proven to be useless based on what we have seen before. I am hoping Pappu can advise us as to get this letter in the right hands. I understand IV doesn't want to spend too much time on this, and it is fair on their part as they already have limited resources. But if they can help us out with advice, as Pappu did already with the critique of the letter, it will help.



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  • ek_bechara
    10-15 03:34 PM
    Buddy did you even read what I said???

    May be I misread. Too much going on here. The sad part is that the economically strong legal immigrant community is just so under-represented in this country.

    No offense meant to senior folks here.

    All the best people...

    Peace out





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  • sanjay02
    11-27 02:42 AM
    Hi
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible



    Thnks
    Sanjay



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  • gimme_GC2006
    05-15 10:00 AM
    If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.

    My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.

    http://rankings.ft.com/exportranking/online-mba-2009/pdf

    I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.





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  • GCBy3000
    12-27 09:44 AM
    I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.

    If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?





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  • Rajeev
    02-01 03:04 PM
    Hi Varsha

    I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.





    gopinathan
    09-10 11:43 AM
    girijas, your comment is both funny and sad... we are behind horses.. :(


    They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)





    grupak
    03-15 06:40 PM
    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!

    EB3->EB2 also is contributing to this.

    Irrespective of the details, it should be clear that EB2 and EB3 for a lot of IV members will be backlogged. Wait times for later priority dates >2004 will be long.

    So, the best thing to do is get involved actively in IV action items. Else be prepared to wait and wait and wait.



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