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  • Zee
    04-06 06:10 AM
    http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin

    http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html





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  • patelkirti
    04-19 11:56 PM
    Thanks,

    About paper and email trails, i think i got each and every one of them! I'm very well covered there..

    Will keep you guyz posted!





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  • h1vegas
    06-24 03:01 PM
    Pls reply





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  • meyshimmi
    02-10 04:39 PM
    do you think they will?

    On Ron Gotcher's site, they said that they were working to get the fees for the MTR refunded (correct me if I'm wrong)... Because, seriously, if it's wrongful denial, emphasis on the word "wrongful", why would it cost soooo much???



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  • deardar
    09-14 03:27 PM
    No need to register on that site.
    Just click and listen.

    If it asks you to register, close and reopen the brower.





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  • vactorboy29
    03-12 11:41 PM
    Congratulations!



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  • dreamworld
    09-12 03:46 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???

    Thanks...





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  • tikka
    08-10 04:07 PM
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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

    Questions:

    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.





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  • DesiTech
    06-01 06:46 PM
    You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

    If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??

    MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.

    Thx for ur help



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  • bluekayal
    03-03 02:22 PM
    It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.

    Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
    In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
    And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
    So I have no go...

    But thankfully, at least I have a 2006 I-140.

    In the meanwhile I've lost my job as well.

    If anyone knows an editing job please get in touch!





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  • ita
    01-15 07:13 PM
    So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.

    Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?


    Thank you.

    Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).

    Your next H1-B will be considered a new H1-B and not a transfer.

    You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.



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  • copsmart
    06-16 09:07 AM
    bump!





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  • mirage
    04-27 11:14 AM
    Craap!!!! I have visited India 5 times in last 7 years. The officers have been very courteous and help. This mail is to discredit the system. Please stop discrediting your motherland. We are the people who have abondened our motherland, now don't abuse it. I wonder people like Kalloo dada on H1B are abusing India. What they'll do when they get their GC/Citizenship. I think US people are right to keep us in this shit. 'Jab apne desh ke nahee hue tou iss desh ke kya honge' You disown your mother land what will you do with your earned mother land ????



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  • roseball
    11-14 10:43 AM
    If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.





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    01-19 11:17 PM
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  • perm2gc
    01-08 04:39 PM
    Hi,

    Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
    Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.





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  • ossidon
    08-06 12:12 PM
    Wandmaker, Congratulations!

    I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.





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  • wandmaker
    04-04 11:47 AM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.

    Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.





    saketkapur
    10-11 01:00 PM
    I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
    Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

    PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney





    b_boy
    10-14 02:43 PM
    Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)

    you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.

    you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.



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