Friday, June 10, 2011

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  • noboundaries78
    10-09 06:55 PM
    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.

    I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.

    Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.

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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

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  • hmo
    07-18 09:40 AM
    my situation is similar to JunRN's. My RN position is with Union Contact. I got Prevailing Wage Survey in early July. By law I can only file I140 at least 30 days after sending the Union a copy of the petition, i.e., in earyly August. I also have similar concern that my PD will be in August.:mad:

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  • Heart
    10-08 12:51 PM
    Thanks to you all, I will update after talking to an attorney.


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  • Britsabroad
    March 6th, 2004, 08:51 AM
    Didnt see the edits. The first image you took is the best

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  • gc_kaavaali
    07-27 07:17 PM
    When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.

    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


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  • koti
    10-28 01:52 AM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.

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  • h1techSlave
    04-02 03:30 PM
    Did your status change after submitting the affidavits?

    I got exact query.

    All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.

    Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.


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  • vin13
    03-17 10:19 AM
    I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

    I will let you guys know what was requested in the RFE as soon as I get it.

    RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.

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  • Blog Feeds
    09-12 09:40 AM
    AILA Leadership Has Just Posted the Following:

    Today's guest blogger is William Stock (, member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer

    Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

    The first trend is captured in this blog post ( by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.

    More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here ( are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley ( - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).

    The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop ( in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.

    While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.

    More... (


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  • kannan
    02-11 11:21 PM
    count me too

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  • genscn
    10-30 09:23 AM
    EAD has nothing to do with finger printing. People are getting EAD cards even before they go to their scheduled finger printing appointments. You will get your card 10-12 days after finger printing notice.

    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?



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  • cherupally
    09-11 10:41 AM
    Hi Chirupally,

    I had similar RFE where USCIS wanted doctor's original signature.
    Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
    Did your doctor sign the form with new date?
    Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.

    I did not receive old form. I just received the gold color form and the letter stating whats RFE about. I guess since only partial information is missing, they did not send me back the old form. I have not received the new forms from doctor yet. I will get it today. I guess he is going to sign with today's date only. Hope this answers your questions.

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  • shreekarthik
    07-17 03:04 PM
    !!!!. Hopefully you'll be still around encouraging others.


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  • hebbar77
    05-28 02:54 PM
    Also they should propose H1b visa for people who promise to buy a house here in US!

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  • vaishnavilakshmi
    07-17 05:16 PM
    Hi !,

    yeah,Point-D clearly states that the visas available for july applications and applicants earlier and from august priority dates are unavailable.Lets c how they consider us!Iam a july 2nd filer.



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  • samcam
    05-18 04:30 PM
    Welcome to our newest member sheul.

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  • Desertfox
    02-06 03:52 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

    My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.

    There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.

    Thanks in advance for your comments on this.

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  • Devils_Advocate
    08-20 03:58 PM
    You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

    Did you file that income as a tax return??

    10-16 10:27 AM
    Well done that man!

    12-18 09:46 PM
    The chat is on now

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