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  • srikondoji
    04-28 04:09 PM
    I would pass this info to my employer and lawyer.
    As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.

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  • a_yaja
    12-18 09:17 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.

    From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
    1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
    2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.

    Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.

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  • enthu999
    09-09 04:18 PM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.



    Until you file for 485, you don't have immigration intent, I-140 is employer application.
    So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.

    Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.

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  • saileshdude
    04-16 11:23 AM
    Hi RareRFe,

    Can you post a scanned copy of your RFE here. You can take out all the personal info.


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  • sukhyani
    04-18 05:33 PM
    Can we not create a poll the way we have done in the past where we can see a chart?

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  • chem2
    01-10 11:32 AM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?


    I am in a unique situation, any advise/help would be appreciated.

    My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).

    However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.

    So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?

    Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?

    Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet


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  • peer123
    06-13 07:52 AM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.

    Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....

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  • roseball
    02-20 06:35 PM
    It is not a Valid Birth Certificate for USCIS

    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...


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  • chanduv23
    07-07 12:52 PM
    Invite the Senators to this meeting.

    Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .

    Invite the Heads of DMV so that they can address our driving problems

    Invite SSN people local heads.

    When we do this, we can pay for their expenses to join us in that meet.

    I am open to it. Not only by contribution but also working.

    Try to get IV members to join the State chapters first. Try to get the community to support IV first. Try to get the community make phone cals send letters first.

    It is a step by step process. We have to get enough buzz and enough support from within our own community before we can call politicians or VIPs to come to our meets and greets

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  • angelfire76
    06-04 03:37 PM
    This is a good thing.
    These consulting companies who were abusing the visa will be taught a lesson.

    People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.

    You cannot have it both ways.

    The same RFE is also being issued to companies like Accenture, Deloitte and IBM consulting as long as the keyword "technology services" appears in the petition. How about that? This is not 2nd or 3rd hand news, but the couple of guys and a girl sitting in the cubicles adjacent to mine who work for Deloitte got the same standard RFE. Heck, you can't call them "cheap" labor as most of them drive Beemers or Audis and one of them also has a Masters from Caltech (probably better qualified than you or me Mr. Teli or any of the USCs we have working at the company :rolleyes:)


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  • sprash
    03-08 11:49 AM
    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:

    Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed.

    Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)

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  • coopheal
    08-01 09:23 AM
    I forgot my password, and security question’s answer.
    Is there a phone number on which I can call to get my password reset?

    FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp


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  • anai
    08-21 11:05 AM
    PD Nov 2004
    RD July 2 2007
    ND Sep 2007

    NSC, EB2-I

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  • rockstart
    08-11 09:25 AM
    EB2 I PD 02/27/2006
    I 140 Approved Nov 2006
    RD for I 485: 08/10/2007


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  • GCBy3000
    04-26 05:13 PM

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  • gk_2000
    05-20 05:26 PM
    One who must not be Paid attention to


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  • overseas
    08-23 07:14 PM
    Hi Andhrawala,

    I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

    In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

    As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

    I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)

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  • akred
    07-05 01:29 PM
    Ask them what the exact restriction is. It could be something as simple as needing a copy of your driver's license.

    This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.

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  • ita
    01-04 04:19 PM
    Thanks so much for all the replies.
    I'm going to follow the links provided.

    Should your bank statements reflect specific minimun balance ?

    Thank you.

    04-09 07:31 PM
    I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
    BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.

    03-26 12:32 PM
    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!

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