Friday, June 10, 2011

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  • paulan
    08-03 04:51 PM
    I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.

    However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.

    In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
    I recommend you ask an attorney for your specific case.

    Hi,
    I just got my H1B approved through company A with start date of 1st Oct 07.
    Can a transfer the H1B to another company without working for company A?:confused:
    I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!




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  • hopeful08
    06-14 12:11 PM
    I was told by my attorney NOT to do this...Apply either through yourself or through your spouse. I was told that if there are two different applications for the same person, then it raises a red flag and you might end up in a big soup...But having said that, your attorney(s) might have different opinion(s)...


    With the good news of all numbers current, both I and my wife's dates are current and eligible for filing I485.

    1. In my application, can I include my wife as spouse for adjustment of status? And In my wife's application, can I include myself as spouse?

    I am trying to do this to make sure if anything goes wrong in any one of our application, I can depend on the other one.

    2. If I get an EAD based on my wife's application, can we both switch jobs after 180 days and take advantage of AC21? I read in some forums that I can, but the primary application (my wife) has to work for the same company until we get I485 approved.

    Thanks for your answers in advance




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  • govindk
    05-25 10:52 AM
    Just contributed $100

    Receipt ID: 4246-7332-8699-1114




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  • sobers
    06-29 09:44 PM
    awesome news logiclife!

    whether folks like immigration or not, there is growing realization that the country needs people with the right skills. its a question of competitiveness.

    I mean if i were running a corporation, I would get the best person for the job irrespective of where he comes from. A company is only as good as the people working for it- its as simple as that.

    IV's CIR amendments can definately improve this bill....hope they are incorporated. As ones suffering from the backlogs and retrogression, we know what will be helpful..hopefully they listen to us too while they formulate policy about us.



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  • nk2006
    09-15 10:37 AM
    I think our argument is getting a bit too emotional and thought of letting it go but wanted to respond to a few points mentioned by you:

    I was Dem leaning too, and I liked Hillary. But Obama has in no way been running the honorable campaign. He is using others to do his dirty job, if you think otherwise, you too have been sold on the propaganda of the left.

    yesterday i was reading a commentary by Karl Rove, even he said that McCain's ads went too far. I think that says enough (BTW Karl Rove is master republican strategist whose tactics are famously credited for Bush's second term win - him commenting negatively on a republican candidate and saying that ads are going too far - it wont happen everyday unless they really went toooooo far). I havnt yet seen any sleaze tactics from dem side (yet..atleast).

    when obama made a sexist remark, what did the press do? Nothing. I dont know which comment you are talking about. In presidential election time journos wait for a little gaffe and make it out of proportion - even so I dont remember any offending "sexist" comment yet. If you are referring to "lipstick on pig" comment - its laughable to see republican pundits trying to imply that is referring to Palin - he was talking about the new found "change" message and how their new campaing wont change their old policies. Incidentally McCain seems to have made the exact same comment on Hillary herself during primary season. Yeah the same press was sleeping then.
    Let us see what happens if his opposition makes a even a hint of racist remark. I am sure then that the republican campaign will be pounded by every media outlet in the country.
    Dont even mention about race. We all know that Obama's race is to his disadvantage - just ask elder white voters from south about the prospect of voting to a black candidate named barack obama - whether they say it explicitly or not we all know in our hearts that race does play a role in voting and it is to his disadvantage (I was listening to an NPR public forum where some people insist that Obama is muslim and that is their main concern - this despite of repeated clarifications from him saying that he is a christian and despite of a major controversy surrounding his christian pastor; I wonder if same suspicions would have persisted if its a white candidate named John Smith). The notion created by some pundits that Obama is trying to exploit his race towards his advantage is idiotic in my opinion. Being a racial minority myself with a strange name and an exotic religion (struggling to get a greencard :)) I know what it would have been taken for Obama to came to this stage. I cringe when people suggest that his success is "because" of his race - it is actually in spite of his race and in spite of his poor background (he came from even poorer background than most of members here I guess, he and his mother lived on food stamps for some time). Yes media might have gone overboard about his candidature at some point during primaries - but that honeymoon is long over and in fact these days McCain/Palin are getting a free ticket.

    Again, not to say I like republican ideology, I am very left leaning in my thoughts and actions. However at this time, I see that majority of the left is leaning towards Obama just for the sake of leaning towards left, and not on the merits of candidacy.

    As I mentioned earlier I am a non-voter, so dont have much stake in this election (considering my GC stage I wont be voting to either of these candidate's second term too). I was just referring to the two candidates and who is running a better campaign. As an independent observer (though slightly dem leaning as you:)) of presidential politics for last several years - I think in the last two elections - trivial/non-sensical matters overshadowed real issues and look what state the country is in. The reason for those two elections getting into trivial issues is not coincidental or is it a fluke. The propaganda artists dominate and try to "manipulate" people opinion. This time I thought it would be different and seemed different for sometime but last couple weeks the same tactics came back and they are firmly followed by McCain without even regretting. That is sad.

    If I have had a vote, I would have thought about issues like economy, war, immigration, health care, et al and decided whom to vote. Republicans know that if people think seriously about these issues they would lose - that is why they are concentrating on personalities and slowly and systematically making Obama the villain who support sex education to kindergarteners, who raised gas prices even though they are ruling for last eight years and their candidate in the senate for 30 years (whose experience they tout), etc. If personalities is the only criterion, I have to say that I like Obama more since I appreciate the way he rose out of poverty and got great education and despite of lure of earning money (whose pull is more for someone coming out of poor background) he choose to be a community organizer. McCain has a pretty good story himself but he is from a affluent family with political ambitions cultivated from beginning and was taken under wings by bigwigs from early his career - it is nothing wrong but I like a self-made man who can inspire youth and old alike.

    On expereince, just having experience is of no use. A president is someone who leads and inspires the nation - he/she does need to have enough experience to allow people judge him - being a state senator and federal senator and being in the national limelight for last 5 years and being under intense media attention for last 18 months, Obama has enough experience to allow people make decision about him. What is the use of having hundred years experience without able to inspire handful of people - lets say Sen. Sessions with hundred years of experience (not exactly but close to) runs for president does he make a good candidate??? Dont you think that Obama has shown enough leadership and inspirational fire in the primaries to be eligible to where he is now.

    Both candidates changed their positions and its fair game to discuss - its also good to discuss their stands on various issues (personally I would like to know their stand on immigration in general and EB in particular - but I am sure they both would avoid talking about that) - the thing is, last couple weeks from the time Palin came into picture - issues have taken backseat and republicans seems to be enjoining that. They seems to be following the same tactics that put them in power in last two elections (in '00 the pundits exhorting people to vote for someone with whom they can have a beer with; and then exploit voting and results in one particular state; and in '04 putting mini referundums on gay marriages while the country was in a war and then swift-boat the other candidate) and unfortunately it seems to be working again.




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  • TheOmbudsman
    07-19 03:24 PM
    I am sorry to tell you that by going to Canada, in the end you may be better off going back home. I lived there as a PR and I have many Canadian citizens that are tired of the lame system back in the Socialist Canada.

    Still your end in mind is US. Ok when I have a job in US and waiting in retrogression, what is the adavantage of having canadian PR and moving there unless otherwise you get a jump in career.

    Just becos it is retrogressed and you have canadina PR, there is no advantage in moving to Canada.



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  • Totoro
    05-22 11:36 AM
    The lawyers are still working on the background research they need before they can make a case. This can take some time, but I will update you if anything new comes up.




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  • thomachan72
    06-10 08:27 AM
    I have a question in case any experts come back today to visit this thread.
    Its reg the point system. We get points for employer sponsorship and number of years of US employment right?
    1) If a person has been working here for 4 years on H1b in STEM decided to leave to canada this week. He then comes back lets say in 2008 or 2009 and then wants to apply for GC. Will he get points for the previous 4 years, even though there was a break in service (canadian trip) for 1-2 years?
    I need to know this because I am contemplating moving to canada (my current employer has filed for LC, which I will then be nullifying). Ofcourse I intend to renter after 1 year or so.
    2) My seccond question-- I am also planning to start a new GC before leaving to canada. Can GC application proceed while you are out of the country? If so until what stage?



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  • Sachin_Stock
    06-14 03:53 PM
    I had applied for I-140 in march 2007 in regular processing (not premium). its in nebraska center which i think is taking quite a long time. should i hurry this up by upgrading to premium and then apply for 485?? i dont want to wait cuz who knows those 485 dates might retrogress in a couple of months.

    i wud highly appreciate any recommendations/suggestions.

    thanks




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  • Dakota Newfie
    03-21 08:50 AM
    It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher

    The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!

    The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.

    We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!



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  • Suva
    10-20 09:34 AM
    I think you can transfer to the company's new address as a new job offer after 180 days of I485 application. You can consider AC21 for this new job. In this case you have to stay atleast 180 days in your current location after 485 application. If you cannot stay in this location for 180 days then you can transfer to the new location and apply labor and then 140 premium processing. If it get approved within your current H1 duration then you can transfer your old PD from previous application to your new application. In this case you need to get H1 extension immidiately so that you would be in valid status all the time.
    Please discuss this with your attorney.


    Hi,
    My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?

    - My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?

    - Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?

    Thanks




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  • another one
    02-12 01:43 PM
    One way to think is; this forum is for people who want to do something about their state of affairs, and don't just hope that other's would fix the world for them.

    if one has this attitude, then only confidence left to loose is one's own.

    The other way to think is, damn, i gave $50 and still nothing happened.....in this case, let's hope Santa Claus are for real.


    ok, i am beginning to lose confidence now... first no i-485 relief and now wait till CIR>.....last year, CIR turned out to be a big circus....i hope this time something productive happens....


    why are we changing lobbying firm? what do you mean it is a strategic decision?

    are we dissatisfied with our lobbying firm? pm me if you can post on public forum..
    but we need answers....this leadership is going nowhere now......



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  • girijas
    09-12 01:11 PM
    dont be confused with "legal immigration", legal immigration in obama's world means family based immigration (vote bank politics) not EB immigration.

    You are absolutely right. Check the following link on Obama's page concerning his stand on immigration.

    http://www.barackobama.com/issues/immigration/


    If he implements what he has been saying so far, this is what will happen:

    - Strong measures to curb illegal immigration (with/without a fence)
    - Amnesty to existing illegals in the country - claiming that the leak (above) has been fixed and that the illegals already in the country should be brought out from the shadows.
    - Measures to speed up family based immigration - with papers being processed by the same department that works on EB immigration; slowing down EB processing further.

    The only silver lining which people seem to hang on to is a politician's response to the state of highly skilled immigrants. Note that almost no one is against US educated legals from getting GCs and this is what Obama and McCain have been questioned about as far as legal immigration goes - obviously their answer is that they support us. That is a no-brainer. The controversy as far as legal immigration goes has to do with people without a US higher degree and no one really talks about that as far as legal immigration goes. But that doesn't mean the STEM bill will pass - no opposition doesn't mean it will translate to action for a group who has negligible voting power even if we eventually get it.




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  • NolaIndian32
    04-29 10:41 AM
    Thanks Apx817, Tapukakababa and H1techSlave!!!

    Thanks for your support and Contributions to IV!!!

    We appreciate YOU!!

    Go IV



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  • easygoer
    06-25 02:53 PM
    I called Rep Lamar Smith office. The lady who picked up the phone asked me we are getting lot of calls. She asked me are you in supprot of the bill? I told her yes. I also told her that I am having master's degree from USA. My children are top student but may not get admission in some of NJ medical college just because we did not get GC since last 7 years. So we need help from Rep Lamar Smith to make USA more competitive. She also wanted to know that from where I was calling.

    She told me that she will convey the message to Rep Lamar Smith.




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  • anai
    02-13 08:53 AM
    A quick net-worth calculator:


    Wakes up and decides more action is needed -------------> +10 pionts


    Considers two options:

    Become more active at IV and help shape and lead effort ---> worth +100 pts
    Open a new venue for influencing our future ---------------> Also worth +100 pts


    Finally settles on an easy three-pronged third way:

    Trash current volunteer leaders ----------------------------> -500 points
    Offer no new ideas on what can be done--------------------> -200 points
    Use words such as "zapata" in a post -----------------------> -50 points.


    Here's how you can say sorry: Add a mew member (or contribute a dollar) to IV for every -10 points you have earned.




    I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!

    That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.

    I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!

    But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.



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  • santb1975
    04-27 03:40 PM
    3236..3236...




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  • natrajs
    07-01 12:43 PM
    Got this email again today at 9:05am

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 30, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283

    Congrats and Best Wishes




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  • nag2007
    03-25 04:17 PM
    There is no future for EB3. I have PD March 2005 but still have to wait PD to be current and then i have to apply for EAD. Where as my JOB requires EB2 but employer filed only in Eb3.




    LostInGCProcess
    10-21 01:06 AM
    Finally, I got the PIO card. It did not take long after sending a $20.00 MO, I got the PIO card in about a months time. The total time it took me was about 2 and 1/2 months...although they claim the processing time would be at the max. 45 business days.

    The PIO card looks pathetic. Its hand written and the passport like book looks too cheap. Crap looking PIO card.

    I saw the new PIO processing fee, includes the return postage, which is a good thing. No more calls to anybody asking to send again the postage fee...seems to me the Govt. of India, plugged this little hole.




    kopra
    04-18 03:26 PM
    I also came with Fragomen filing my H1B case with one of below mentioned US company in ERP, and they started my GC only after 2.5 years of service with them. 2 Years was the norm, but another 6 months will pass to get the experience letters from previous companies with the exact format and tools they want etc...Finally filed in 2008 jan, but after the filing, it has been smooth for the labour, 140 so far...


    HP, Cisco, TCS, Deloitte, IBM, SAP, ORCL....I am going to add one more so called big firm BEARINGPOINT (formerly known as KPMG consulting).

    I know that Fragomen specifically guides and runs the visa/GC related matters of Bearingpoint. They charge 10,000 dollars for a GC case and give clear cut instrucation to Bearingpoint that do not file GC till the very last moment. I left Bearingpoint (16000+ employees and offices in 43 countries...sounds great doesn't it?) because of my immigration issues caused by Fragomen. I joined a desi consulting company with 2 employess. This desi company manager took my GC file in his hand, drove to attorney office and asked him to file it ASAP. No waiting period, no nothing....
    Big corporation + Fragomen is a deadly/toxic combination. Stay away from it if you can.



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