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  • vnkpaul
    09-15 04:09 PM
    I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
    I have been on L1 2 times for about 1 year duration each time.

    My questions are:

    1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
    2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
    3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

    Please reply... Thanks in advance...





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  • vandanaverdia
    09-11 12:13 PM
    ^^^ bump ^^^





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  • tejaswiyvs
    10-10 12:42 PM
    Wow. period.

    I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.

    We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.

    Here's the actual conversation.

    Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".

    Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"

    Officer1: "Sir, your documents"
    Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."

    Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."

    Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"

    Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"

    (They talk)

    Officer 1: "Are these valid?"
    Me: "Yes"
    Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
    Me: "F-1?"
    Officer 1: Name?
    Me: I tell him.

    He calls someone up, finds out, checks my status and returns my ID.

    And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".

    Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(

    Damn, I miss India now.





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  • BharatPremi
    03-17 10:35 AM
    EB3-India
    PD: July 2003
    EAD-AP approved, FP done



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  • let007live4ever
    03-07 08:44 AM
    Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?
    Thanx

    Murthy charges $750 if you are existing client. Not sure how much they will charge, if you hire them just for that.





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  • InTheMoment
    05-22 03:25 PM
    I am doing MS in Technology Management from Howee School of Technology Management at Stevens Institute of Technology!!

    Similar ones are offered at Penn State, Rutgers, MIT .. totally on Web.

    Don't know about others.... but surely not at MIT ! MIT has no program "totally on Web"... :)



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  • kumarc123
    07-18 01:51 PM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    This EB2 movement of 2 and half years is just a first step by DOS.

    Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.

    It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"

    I Give you a green dot for it
    Thanks





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  • ajthakur
    07-14 08:07 PM
    Thanks rajuseattle. I am first going to try find out whether my previous employer did revoke the 140. In case he didnt i am safe. In case he did, when he did it is the key.
    One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.

    As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.

    I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.



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  • NKR
    10-16 02:09 PM
    Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.

    I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.

    Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.





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  • nagesh75
    10-12 09:15 PM
    EB3 - Feb 2004
    485,EAD,AP : RD July3107 at NSC
    485,EAD,AP : ND Oct0307 at CSC
    EAD,AP approved : Oct10 at CSC



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  • nojoke
    09-18 12:10 AM
    Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
    I will take it easy if you weren't intentionally insulting.





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  • abhijitp
    03-05 02:34 PM
    Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!

    On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.

    8 years later, the history is repeating itself.
    500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.

    Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!

    Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?



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  • apahilaj
    04-23 06:43 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    Does that mean that we won't get any inside news from Mr. Oppenheimer (if I spelled his name correctly) any more..?:) Just kidding.

    Enjoy your freedom. Congratulations!





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  • varshadas
    02-05 05:46 PM
    Hello All,

    Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:

    45 Mountain Blvd.
    Building D, Suite 1
    Warren, NJ 07059

    Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.

    Thanks,
    Varsha



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  • neoarch
    12-23 10:24 AM
    Hi all,

    I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.

    I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(

    I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(





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  • howzatt
    08-15 08:16 PM
    Sept Bulletin out - http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

    I'm unable to understand well why EB3 is "U". :mad:

    Friends, please share your thoughts. Let us discuss.........

    LOL. Nice first post!



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  • hsj
    05-27 09:14 PM
    Rofl :D

    these from cbp website:

    If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female u.s. Customs and border protection officer performs the search.

    If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.

    If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.





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  • gcdreamer05
    01-16 03:52 PM
    hey slumdog thanks for sharing your story....

    The same happened to my office, but a different twist, the guy sitting behind me got laid off and no one knew about it, after it had happened and 3 days passed by, i am looking at where is this guy, he used to come at 7 am and be there till 7 pm what happened to him.

    so i went n asked my manager and he said, oh myname, you did not know or what last week we laid off 6 folks in the engineering department.

    I am like what !!!!!!!!!!

    And then i immediately said one thing to him, i have worked for 2 yrs for you and i request just one thing back from you.

    He asked me yes tell me what...

    I told him, if you happen to know that i am going to be on the firing list, just let me know as soon as you know.

    since i got lot of things to do... h1 transfer, health insurance this that...

    He just smiled and said dont worry but if it happens i will let you know.,,,,,





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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.





    seahawks
    09-10 02:10 PM
    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule


    If only moves were so easy wouldn't all H1's be in Florida?

    We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.





    labogon
    07-28 09:50 AM
    I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.

    __________________________________________________ ____________
    Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.

    If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.

    I'll let you know when we get the receipt notices - probably not for another two weeks.
    __________________________________________________ _____________

    P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
    labogon



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