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  • msyedy
    02-05 08:36 PM
    1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.

    You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.

    2) Time taken for an H1-B approval varies, it all depends on your fate.
    I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.

    3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.

    These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.





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  • eyeswe
    06-03 04:00 PM
    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*





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  • abdulazeez77
    08-14 04:16 AM
    Hello All,

    One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

    Regards,
    Azeez





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  • hsingh82
    03-09 09:47 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar

    Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).



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  • ss1026
    04-10 04:31 PM
    I am currently in Minnesota and would be glad to help





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  • fatjoe
    10-06 05:12 PM
    How did you know that your case was pre-adjudicated on Sept 18th 2008?
    Is there anywhere that information is available? Thanks.

    Take an infopass. They can tell if your case is pre-adjudicated or not.



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  • smartboy75
    10-17 03:51 PM
    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
    My personal opinion is as below

    Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...

    My 2 cents..





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  • claudio
    01-14 12:38 AM
    Thanks :)



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  • sss9i
    10-18 05:08 PM
    I had same problem,Employer not giving I-140 reciept notice.
    How to get it from USCIS.
    Thanks in advace.


    The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.





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  • resident1374
    01-26 08:04 PM
    I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?

    Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".

    I traveled to Canada on my company�s H1B.

    The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.

    The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.

    He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)

    He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.

    Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?

    Any suggestions?

    Thanks!



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  • nav_kri
    03-23 03:10 AM
    Folks,

    I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.

    My prayers are with their families





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  • eb3retro
    04-21 11:54 AM
    done..did my small contribution.



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  • NikNikon
    July 5th, 2004, 03:45 PM
    Do any equipment savy forum members have any views on the Nikon Nikkor 28-200mm f/3.5 - 5.6D IF AF Zoom lens positive, negitive or otherwise? Target camera will be my D70. Thanks in advance.





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  • morchu
    04-28 06:19 PM
    I truly believe India IS a developed country.
    Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!



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  • fittan
    07-13 12:17 PM
    Just joined this board 30 minutes ago. I've signed and sent this petition.





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  • just_waiting
    10-17 03:53 PM
    Let me add one more wrinkle:

    Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).



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  • dba9ioracle
    09-23 02:19 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.





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  • amsgc
    01-22 10:13 PM
    Alright - good luck and sleep tight!

    Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.





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  • oliTwist
    01-22 01:42 PM
    Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.

    So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.

    Its same for every bank in India.





    GCSOON-Ihope
    10-17 09:56 AM
    Assuming I filed for I-485 before the retrogression mess.

    Thanks!

    A co-worker and I applied together at exactly the same time.
    We got approvals for LC and I-140 within weeks of each other.
    Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
    FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:





    Pineapple
    07-12 10:30 AM
    There is also a bill for introducing a flat tax. We know where that is going to wind up in the election year.. :D

    That is the point: It is an election year, and Mr. Tancredo wants to be president.
    Use your common sense, guys...



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