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  • surachi
    01-16 04:00 PM
    Any updates on this issue?

    Thanks

    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I�m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.

    Can someone pls share your knowledge?

    Thanks




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  • english_august
    07-07 04:10 PM
    Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)

    We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.

    Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
    People who said that they will send the flowers only if IV core supports it - please send flowers asap.

    BTW, I am curious as to who first proposed this idea.




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  • Better_Days
    12-21 01:45 AM
    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.

    As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)




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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1




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  • gconmymind
    11-30 04:23 AM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.

    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?




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  • pappu
    04-09 04:12 PM
    For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.

    SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE


    We must have 100,000 members in a short time


    Thanks
    Thanks.



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  • sunny1000
    11-08 03:55 PM
    hello,

    I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.

    Ony calcutta dates are available.

    Can I book an emergency appointment in this situation?

    I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.

    Extended h1b here in USA..Now going to India for the first time after visa expiry.

    Also, for the stamping, should i carry all old LCA's or just the latest one?

    Thanks,
    arthi

    Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):

    Carry the Following Documents with You


    Bring the following documents to your scheduled interview:

    A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.

    Your confirmation page (printed on a laser printer).
    Appointment letter
    HDFC Bank fee receipt

    In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
    One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.


    Note: Please obtain a new passport prior to your interview if:

    - The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or

    - Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.

    U.S. visas cannot be placed in damaged passports.

    If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:

    Plus

    I-797 - the original notice of approval,
    The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
    The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
    Original, plus one copy, of your work experience letters from your previous employers

    First time applicants may consider submitting the following documents:

    Pay slips from current or most recent place of employment
    Names and current phone numbers of the personnel managers at the applicant's present and past jobs
    Photographs of the inside and outside of current or most recent employer's place of business
    Names and contact information of two co-workers from your current or most recent place of employment
    Names and contact information of two co-workers from past jobs
    A complete resume/bio-data and cover letter describing current job duties in detail
    Personal bank records for the last six months
    US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report

    The Consulate will not accept documents received directly from the company by mail or fax.


    If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.


    All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.

    Good luck with the stamping and God bless.




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  • WillIBLucky
    11-17 12:19 PM
    if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
    IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
    SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.



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  • WillIBLucky
    12-13 11:58 AM
    Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.

    I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.

    My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.

    Appreciate your thoughts to help my plan.




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  • vinzak
    04-13 06:53 PM
    i remember someone posting right here in IV that they got their GC when PD was not current. USCIS later asked for the GC back cuz it was given in error.:) To make things worse the poor guy obviously didnt renew his EAD and couldnt work.

    So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.


    Here's the link on that topic:
    http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html



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  • sac-r-ten
    11-10 02:43 PM
    i renewed mine in Apr 2006 in Washington DC and they gave it for 10 yrs. My stamped H1B was expiring in Oct 2007.




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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.



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  • jnraajan
    03-28 05:25 PM
    Has anyone successfully tried this option and recd a response?




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  • mharik
    01-06 02:11 PM
    Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.

    I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.

    IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply

    Thank you



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  • BrickWall
    03-12 09:49 PM
    You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.

    Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.

    Hi..
    I am working in US from last 4yrs and applying for canadian immig. What if I have applied it through NYC Buffalo but by the time they are finished processing (lets say 2 hrs from now), I had to move to India (coz i din't get my GC from here or any other reason). Can I go to consulate in India or do I have to come here for interview? how would that work?

    Thank you in advance..




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  • hpandey
    11-10 02:57 PM
    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

    Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.



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  • vin13
    11-30 09:38 AM
    It seems odd that there has been so many RFE for photos. I am not sure if the request for photographs is because USCIS is simply loosing them.

    I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.

    I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.

    It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....

    I wonder why they cannot combine the EAD and AP as one document.




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  • nikdevid
    11-24 01:08 AM
    Hey all, I have PayPal Account and i have 200$ in that account, now what happen i wanna transfer in my indian bank account.. What the procedure i have to follow.. Please suggest me right way.




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  • nashim
    12-12 11:36 AM
    What was the REF about?

    As a backup you can file new EB3 PERM




    ntpatil
    04-26 04:18 PM
    Hello All,

    Sorry for the post outside immigration boundaries.

    My wife with 2 toddler kids will be traveling to India via Lufthansa.

    I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

    I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

    I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

    Thanks in advance for all your help.




    sayantan76
    07-21 08:51 AM
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
    wow - thats a new one.......and really intriguing........one could argue that if a work can be done remotely - then why should the work be located in United States at all and hence - why the need for a visa? on the other hand - that would be totally counterproductive as companies would use the logic to outsource work outside the country and result in reduction in number of employees who pay US taxes.......



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