Wednesday, June 15, 2011

Star Tattoo Man

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  • dearscorpius
    11-27 01:00 AM
    My situation:

    I've been given offers by two companies, A and B.
    I am currently under my F1 student visa, OPT status, my OPT started at July 2010.

    Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.

    Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.

    My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.

    I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!




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  • lostinbeta
    09-10 12:01 PM
    Sounds pretty "nifty":nerd:




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  • Can2004
    07-13 11:07 PM
    My I-140 has my employers head office address in Part 1( as petitioner/employer). My future job location in I-140 petition is different from the one I am currently working at( on H1B). My H1b and I-140 were filed for different locations.

    Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.

    thanks for all previous replies.




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  • abracadabra
    07-06 12:51 PM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/07/05/DI2007070500813.html



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  • singhsa3
    11-04 08:11 PM
    Check your private msg
    Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.




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  • small2006
    08-16 05:32 PM
    I was told that "amending" H1B is the same as applying for a new H1B. Does this mean that I will get a new 797 approval and I would have to get a new stamping on my passport? I just got my passport stamped with a 3 year extension till 2009. I don't want to go thru that again if I can avoid it.

    Thanks.



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  • hobbyaddict
    December 3rd, 2008, 04:32 PM
    [quote=Britsabroad;56879]Hey Ed - I chickened out on the Abes deal after reading the reviews - sounds like they make you work hard for your discount. If you went for it, let me know the outcome.

    I read quite a few reviews beforehand... All over the board, I am happy to say my experience was fine.

    Here is how the purchase went...
    They called before sending it out, asked if I was interested in a battery and mentioned about purchasing the extended warranty. I told them that I may be interested in the warranty however I will read the information on line and call them back. I was sure to call back, I did not want to delay the order... I declined the extended warranty, since the one offered was not Nikon's. He did ask why and mentioned "everyone" gets it. That was the extent of the warranty discussion.

    After looking over the site, they also have an extended warranty through Nikon (2 year) That can be purchased before a 10 days lapse of owning the camera.


    -Ed




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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • raysaikat
    07-17 01:07 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
    Does not matter.




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  • lskreddy
    03-12 04:34 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?



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  • immi_enthu
    10-01 05:33 PM
    But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...

    Yes for new applicants it's wonderful. For old applicants it's double the money and double the time (to get GC counting time from the first time they applied for GC ) or even more time than the new applicants.




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  • sharma1
    01-29 02:54 PM
    Is there a way to check if your case has been pre adjudicated. My 485 doesn't show any LUD since oct 2008. We changed address at the time. I thought that would result in a soft LUD. Nothing since then. My priority date is Jan 2007- EB2-I.



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  • prem_goel
    06-12 05:00 PM
    i got an rfe too. I think its sent to both the attorney and the applicant. They said they mailed the RFE yesterday, so hopefully by early next week I should have it. I am guessing its employment verification due to me filing change-of-address. i know for sure that my ex-employer did not revoke 140.




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  • ilwaiting
    04-28 02:26 PM
    Gave my contribution



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  • gtg506p
    03-09 11:25 AM
    Great. Can you give more details like:
    1. What was your complaint basis?
    2. Did you do DOL or lawsuit?
    3. How long it took?
    4. Did you get trouble from the desi emplyer?
    Thanks




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  • TomPlate
    11-26 08:09 PM
    As per my company if you do not carry AP and your green card is approved and you enter using H1 you will invalidate your green card.

    If your green card is approved and you use AP to enter no problem.


    That is why AP is for



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  • jonty_11
    12-13 04:04 PM
    I am sure if Guest Woroker Programs and hence CIR is enacted...there will be a free for all...illegals scrambling to ge their Tax etc in place so that they wont be deported. Hopefully they are not allowed to file for PR so soon that there is a even bigger queue for I485...and even CIR ends up providing no relief to us.




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  • anandrajesh
    01-05 12:40 PM
    We are now at 8000 members exactly, as of 1:00 EST January 5th.

    & When checked at 1:30 the number is 8034. 34 members in 30 minutes??? sure all your postings in other websites working. AT this pace we should reach 10000 soon.




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  • mambarg
    07-26 12:16 PM
    Why dont you try to file it yourself ?
    Just get employment letter from HR and not legal !!! and do it yourself.




    willIWill
    02-03 04:00 PM
    I found this in Ron Gotcher's website, it is about Monthly Determination of Employment Preference Cut-Off Dates.

    The article:

    New backlog data available from the Visa Office (http://www.immigration-information.com/forums/general-immigration-questions/10146-new-backlog-data-available-from-the-visa-office.html)



    The data:

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf




    desi3933
    03-09 12:29 PM
    .... None of my previous employers revoked my H1-B. ....


    Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.


    ______________________
    Not a legal advice.
    US citizen of Indian origin



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