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  • coopheal
    11-06 06:51 AM
    Bump





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  • texcan
    08-25 10:06 PM
    Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?

    I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.

    To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
    What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.





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  • panky72
    06-18 04:42 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.


    I don't know about IT but in other professions people go to court all the time. I have seen several cases.





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  • Pallavi79
    01-29 10:41 AM
    what is bc & nabc?? :(



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  • wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.





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  • neerajvir
    07-17 05:52 PM
    Just made a contribution of $100 to IV. Please take time to renew the faith and keep the pressure on..



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  • LostInGCProcess
    11-05 04:39 PM
    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
    As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
    H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.





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  • chanduv23
    07-05 10:20 PM
    Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore

    They seem to be a bunch of chaotic confused folks and don't know what they want.



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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.





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  • a_yaja
    08-07 06:19 PM
    From the information that you have provided, I can tell you that their argument does not hold any water. The same can be said of H1B as well. If they are tracking expiration of H1B, they certainly can do the same for EAD.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • hope4gc
    04-26 07:05 AM
    I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.





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  • sheshadripv
    12-13 12:02 PM
    Hey mind your language. I just wanted a prompt answer. If you don't know about L1 visa, you don't need to reply.

    Thanks,
    Sheshadri



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  • gcnirvana
    06-22 01:04 PM
    Hi,
    I was in a similar situation back in 2006. I got my visa stamping for my future H1-B but at the POE, the officer stamped my I-94 only till the end of current H1-B. But he mentioned that I can go to the nearby CBP office and get it changed once my current H1-B expires. And I did exactly the same. No issues.

    Go ahead and enjoy your vacation.

    Thanks!





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  • mingan
    12-19 01:51 PM
    I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.

    the companies which i have worked for they no longer exists.



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  • urpal
    06-22 10:41 AM
    Thank you !





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  • sjhugoose
    January 6th, 2004, 12:48 PM
    Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?


    Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!

    BTW, looks like your really enjoying the 100-400L!

    Scott



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  • psvk
    08-07 11:58 AM
    Thanks for the laugh though





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  • abandookwala63
    03-19 01:16 PM
    I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks





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  • snram4
    08-04 06:26 AM
    SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.

    I received the same email too.What a pity.....





    durgakprasad
    02-15 11:20 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.





    JunRN
    07-17 01:46 AM
    How can we sleep? OMG, the wait is exciting...it excites all my nerves...



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