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  • aristotle
    07-11 11:40 AM
    Please see my other thread "Stop, Think!!" for my thoughts.





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  • moonrah
    07-23 11:32 AM
    Yes that is correct.





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  • horscorp
    02-06 01:21 PM
    Hi Ann,

    Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.

    Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?

    thanks again!

    horscorp


    Hi Horscorp,

    It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.

    Ann





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  • go_guy123
    03-12 03:57 PM
    80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
    At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

    Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.

    The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.

    Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.

    USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.



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  • GCwaitforever
    04-03 10:09 AM
    I am quite happy with the answer from Logiclife. That is a logical response considering the difficulty we have with fund raising. Though IV has been there for just three months, we did a damn good job of raising the awareness and mobilizing people impacted.

    My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?

    I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.

    Jinger,

    Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.





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  • lord_labaku
    10-22 06:50 PM
    I am sorry, I dont know the answer to your question.

    But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?



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  • Maverick_2008
    04-16 10:14 AM
    Thank you all for your input. Now that I have a better perspective, I'll play my cards accordingly.

    Cheers,
    Maverick_2008



    When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

    Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.





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  • shana04
    01-21 09:29 AM
    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l

    Nothing


    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21

    But, once you get your GC you need to join employer A

    Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)

    Good luck



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  • nogc_noproblem
    04-09 04:41 PM
    Whether the IO at Port of Entry asked anything about your H1B Visa Stamp?

    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.





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  • ramus
    09-07 09:22 AM
    Please take a part in DC rally...

    Time to wake up..



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  • Bogdan
    10-22 01:02 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.





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  • vishwak
    08-05 02:14 PM
    I think he should consider awarding citizenship to LONG waiting GC applicants. :D

    Nice one.....lets wait and see.



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  • setpit_gc
    04-22 02:18 AM
    Hi

    I am on H1 and have approved EAD.

    Do I need to send H1 copy or EAD copy along with other documents for AP renewal?

    Thanks for your help!.





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  • jonty_11
    12-13 04:04 PM
    I am sure if Guest Woroker Programs and hence CIR is enacted...there will be a free for all...illegals scrambling to ge their Tax etc in place so that they wont be deported. Hopefully they are not allowed to file for PR so soon that there is a even bigger queue for I485...and even CIR ends up providing no relief to us.



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  • tdasara
    02-08 08:58 AM
    L1A - Multinational managers
    L1b - specialized foreign worker on intracompany transfer.

    You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.

    Most of us work for US companies who do not have branches overseas!





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  • MDix
    02-04 10:28 AM
    EB2 share for FB spill-overis 6.5k , assuming EB1, EB4 and EB5 don't use them.



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  • hebbar77
    11-18 06:26 PM
    its down, so .. so what? how does it matter?





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  • kramesh_babu
    09-10 12:04 AM
    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.

    Very true. That is exactly I did a month ago.





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  • vin13
    10-08 11:44 AM
    I am in the similar situation too...but I got time till Jan

    Does anyone know how long it takes to get AP aprroved.





    shana04
    01-21 09:29 AM
    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l

    Nothing


    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21

    But, once you get your GC you need to join employer A

    Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)

    Good luck





    delax
    08-06 07:40 PM
    If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.

    Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad: