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  • greenerpastures
    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.
    MScapbust,
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck





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  • kaisersose
    07-11 06:16 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?

    The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.

    Short answer - No potential problems.





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  • h1techSlave
    02-12 01:06 PM
    Nice idea, but they should allocate new visas for home purchasers.

    Any ways, I have signed the petition.





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  • venky_handsy
    09-10 10:31 PM
    your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
    so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.

    since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.

    hope this helps



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  • VA2008
    09-25 11:56 AM
    Great find! I printed and posted it my office.





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  • rimzhim
    05-26 03:15 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?6. With AC 21 gone will you be able to join new employer based on H1 receipt?
    good points. I think AC21 will hold for ppl in the old system though.



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  • gsc999
    07-11 02:54 PM
    People who want to volunteer:

    Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
    we need seven members.





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  • swo
    07-21 04:15 AM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.
    You better check to see if you are invalidating your entire petition.

    You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.



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  • go_getter007
    08-13 12:20 PM
    If what you've heard is true, it's quite funny - illegal American "aliens" in India. :D

    GG_007



    Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....





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  • ddeka
    07-09 12:35 PM
    You can take info pass and get an interim EAD



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  • ImmiLosers
    09-25 05:25 PM
    That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date

    They did for me...





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  • miapplicant
    10-06 08:55 PM
    Vnsriv...

    Thanks..I was just kind of curious to see, is anyone on the same boat as mine? Coz, most of my friends/network whom I had asked, got their status changed along with their spouses'. If its the same with the community, then I have to do something. But yah, It didn't occur to me that, if there is no answer, means, probably there aren't that many ppl in the same situation as mine...Thanks again...

    My spouse got his EAD card yesterday. We haven't recd any RNs or for that matter any notices so far. I applied as his dependent. I guess my case is similar to yours.



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  • enggr
    10-12 08:15 PM
    Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

    Thanks

    Hi Kmdhar,
    Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
    Any thoughts on how we get this extension petition approved to the max of my 6 years?





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  • bkam
    06-09 01:28 PM
    When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.



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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • Sunx_2004
    10-22 03:50 PM
    Cheques cashed on Friday got all receipts number today.

    July 17th no receipt yet

    Just chill
    ;)



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  • mariner5555
    02-08 01:14 PM
    Thanks for the info. but is it 180 days or 120 --there was a thread that said it has become 120 days before expiry or else it is getting denied ??





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  • acecupid
    08-21 03:47 PM
    I don't know, you tell me!

    Maybe you can find out and let everyone know. :)





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  • pcbadgujar
    10-24 06:01 PM
    How long the old I-140 needs to be valid ? Should it be valid only until one gets the new I-140 cleared with the Old PD ? Or does it needs to be valid until the 485 is filed and status is adjusted ?





    indyanguy
    10-17 06:48 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?





    maddila
    09-16 04:03 PM
    I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.



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