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Tuesday, 7 June 2011

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  • LostInGCProcess
    09-18 05:18 PM
    Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.





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  • chanduv23
    09-10 02:40 PM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

    During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)





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  • kumarc123
    11-06 03:44 PM
    Thanks for your comment,





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  • vad
    09-17 11:53 PM
    Arnets reply is pretty comprehensive.
    The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:


    vinay

    disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.

    I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....

    they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.

    some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...

    they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).

    writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.

    if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).

    they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.

    regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.

    but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.

    good luck....:)



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  • roseball
    10-15 12:50 PM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    You can tell the US Consulate that you dont have a H1 Visa Stamped in the Passport. I dont think the Consular Officer will revoke your H1 over that, unless there is any fraud involved. Unfortunately, you cannot file AP while your wife is outside US.





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  • logiclife
    01-01 11:03 PM
    I have been looking at a lot of posts on this Rajiv Khanna�s immigrationportal and there seems to be a lot of confusion about who is legit and really interested in our cause and who is faking it to collect money and run with it.


    I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.

    LET ME BE CLEAR ABOUT SOMETHING HERE:

    I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.

    I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.

    AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.

    Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.

    If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.

    If you still are not convinced and trust someone else, go with it.

    Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.

    AGENDA for tomorrow�s conference call:

    A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
    Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.

    B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.

    There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.

    We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.

    We are looking to consolidate an already existing symbiotic relationship. A win-win situation.

    C) INFLUENCE CONGRESS.

    By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.

    We need to plan a strategy to

    1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
    2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.


    If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.

    OTHERWISE register and participate. And you wont lose a dime by doing that.



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  • jthomas
    04-22 01:30 PM
    1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
    2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
    3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.

    Thanks
    Jthomas

    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks





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  • jonty_11
    06-16 02:04 PM
    Thank you rsdang..

    No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
    Making phone calls is crucial to this process....just do your part...and leave the rest to IV.. They are forcefully pursuing our interests...Please call !!!!!!



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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.





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  • bugmenot
    04-10 08:10 PM
    THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.

    no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately



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  • youngindia
    06-07 11:51 PM
    3 cheers to Nasscom!!!
    Iam moving to India with a GC or no GC. Where there are guys like IT conglomerates who know how to get back! I sure want to be a part of that competitive culture!

    That's the way Indian competitiveness should be projected. Senator Durbin has got a fitting reply from the big fish (Shark). Its an iron clad glove saying "Don't mess with free trade. THere are US cos doing business in India too!"





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  • thomachan72
    05-10 09:42 AM
    I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
    Comments from those who have done this before is appreciated.



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  • immihelp1
    07-17 06:22 PM
    India76,

    U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file





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  • gvenkat
    01-07 08:29 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc

    If this passes. THere would be a huge relief among people who have advanced degrees



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  • logiclife
    12-01 03:33 PM
    The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)

    That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?

    But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).

    As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.





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  • krishmunn
    01-18 10:06 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    15K for filing H1 ?????



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  • swapnajay
    10-09 01:02 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979





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  • saravanaraj.sathya
    08-22 04:27 PM
    Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.

    I will call these people in Buffalo to find out if I can motivate them for rally..

    Thank you




    saravanaraj.sathya

    You have not updated your profile with your full information. Please do so asap.


    OK we have tons of members from Buffalo. Now it is upto you to contact them. We have several more from Rochester and Syracuse....
    Can you take charge of contacting them and making phonecalls? get in touch with NY chapter and volunteer to make phonecalls to all these members:

    Mkolken
    Bhatya
    DEVILLION696
    Drajaybhora
    Freidyeid
    gcny2006
    nkumar
    brahmam
    mach
    GCgal
    Mdforgc

    But first update your profile. ONly then NY chpater will be able to help you.





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  • gcsomeday
    07-17 05:24 PM
    newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.





    raysaikat
    04-21 11:27 PM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    b. Then what happens after May 2011?
    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    What is your country of birth (not citizenship)?





    skd
    01-09 05:07 PM
    Not a bad idea, I don't know what's purpose it will serve, Still just to know...I don't mind this poll.