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  • ilikekilo
    01-08 04:03 PM
    No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

    Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...





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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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  • vandanaverdia
    09-10 11:22 AM
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  • black_logs
    03-25 08:34 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.

    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already thrashed TOI for publishing such nonsense and urged them to stop helping anti-immigrant groups by publishing such stupid articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

    http://timesofindia.indiatimes.com/articleshow/1463861.cms



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  • nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks





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  • arjunram
    04-22 10:24 PM
    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!



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  • matreen
    10-13 04:16 PM
    My case reached USCIS on July, 12th and still waiting; nothing have been received yet...

    I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.

    I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.

    Lets hope for the best....

    M





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  • vandanaverdia
    09-10 12:59 AM
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  • ca_immigrant
    06-15 05:47 PM
    Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.

    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:





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  • kaisersose
    07-31 06:00 PM
    The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.

    Anyway, it appears we have hardly any details of your case. Best to consult an attorney.



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  • logiclife
    02-16 10:31 AM
    California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.

    I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.

    Backlog centers have worsened the problem by slowing things down even further and now you even lost transparency. They are like "Trust us, we are the elite backlog centers...how could WE do anything wrong".





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  • GCVictim
    07-24 01:20 PM
    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

    Question:

    My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.



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  • ashishgour
    09-17 10:19 AM
    What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????





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  • milind70
    04-01 06:05 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..

    Here are some facts
    1. Labor Substitution is not allowed as of mid 2007 .
    2. You could have invoked AC21 and moved to company B on EAD after 180 days of filing of 485 rather than trying to file 140 on sub labor
    3 I think you could talk to comapny B and ask them to hire you on job of same responsbilities as on your earlier labor.
    I think it is better if you see and immigration attorney for advise on this issue.



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  • mast_mastmunda
    11-10 04:13 PM
    Hi,

    Thanks for the reply and sorry for creating multiple threads.

    - First H1B Employer "A"
    -----------------------------
    Approved: Oct 2006
    Stamped: December 2006
    Visa stamp valid till : Oct' 2009
    H1B transferred to Employer "B" : June 2007
    Traveling to India: November ' 2008

    On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
    I have moved to Employer "B" by that time.

    The Status of I-797 for Employer "A" on USCIS website got changed
    to "Cable sent to American Consulate or port of entry notifying them of approval.".

    My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?

    If yes, doesn't that means that I will NOT be able to use that H1B
    visa stamping and *new* I-797 from Employer "B" at port of entry?

    Thanks again..look forward to your response





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  • MYGC2008
    05-04 03:34 PM
    Yes. Premium service works fine. But after you move change of address needs to be done.
    i,e AR11.

    I'm moving from MI to TX and need to do something address. Does premium mail forwarding service works for USCIS notices? I know regular mail forwarding doesn't work and they'll be returned to INS. Please let me know if premium service works or not.

    Thanks.



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  • GCard_Dream
    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.





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  • eb3_nepa
    07-09 10:26 AM
    This website is for immigration issues only. Please dont hate me now.


    I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.

    Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates





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  • sounakc
    07-10 05:49 PM
    thanks for your prompt reply...

    cheers

    You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)





    casinoroyale
    08-22 09:47 AM
    Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.





    ALLYYU
    08-16 10:13 AM
    Does anyone have any idea what the code stands for.

    485 RD 7/2
    ND 7/30
    FP date 8/28 for both me any my husband
    FP code 3



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