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  • dan19
    09-06 01:20 PM
    It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

    He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

    So to be on the most safe side, wait until you get the receipt number.
    But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.



    I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
    Please reply its kind of urgent for me.

    Thanks.





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  • teachamerica07
    09-04 04:58 PM
    Yes. Reenter on AP .





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  • eastindia
    04-22 10:10 AM
    This is all election fever and fear, they could have easily passed or amend Legal immigration first before taking CIR. Legals are SCAPE GOATS in the hands of Hispanic Caucus.

    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..





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  • nshalady
    08-26 01:20 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    Hi everyone:


    I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.

    What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.



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  • mrajatish
    01-22 10:36 PM
    Definitely there is a plan. Let me put it this way -
    1. There is a lot of work to create a non-profit org. and the initial founders of this org. has achieved that.
    2. Once you set up a non-profit org., you are audited by IRS to make sure that none of the funds are used for personal expenses. So, there will be no misappropriation of funds.
    3. I think it is pretty clear that a large part of the money will go towards lobbying.
    4. People are spending money to go to Washington DC from all across US - that is where they are making the plan.
    5. Please call the number on the website for a couple of minutes to find more details.

    Remember this organization can be a huge factor in deciding how long you will have to wait for your GC.
    Thanks,
    Raj





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  • phillyag
    07-18 03:07 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?



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  • kittu07in
    08-20 06:39 PM
    no....485 is not applied for her. She don't have an EAD.





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  • senthil
    02-12 11:03 AM
    ive seen a minimum of a month to six months max as an average. but it could still vary as said by others and also depends if you get any RFE etc. thanks



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  • kanyewest
    04-21 06:54 PM
    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





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  • waitingmygc
    04-19 12:44 PM
    @waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.

    @OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!

    sledge_hammer,
    I like people like you for criticizing the post without any reason.

    If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
    I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.



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  • nlssubbu
    12-09 03:01 PM
    There is no clear indication from USCIS regarding how long you have to stay to prove your intent. Some say even the very next day you can move on to a different company, some would like to be cautious and would like to wait for 6+ months before moving to another company.

    If the company is not willing to pay you when you are on 'bench' then get the information in writing for future and move on. If you do not want to raise a red flag during citizenship application, this will help you at that time.

    Thanks





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  • phillyag
    01-22 10:16 PM
    DO we guys have a plan, a project ?
    How we want to approach these critical subjects ?
    How are we using the funds ???
    The reason why I am not contributing is I dont know where the money will go or is goin right now ????



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  • Leo07
    10-07 01:21 PM
    I was wondering about the second part of the question/answer. Thanks rockstart!





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  • eeezzz
    10-09 04:14 PM
    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.

    I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.

    Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.



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  • bp333
    10-29 04:31 PM
    Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.


    They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.





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  • cooldudesfo
    09-11 04:19 PM
    http://www.murthy.com/news/n_begbis.html



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  • vallabhu
    11-29 03:43 PM
    He is confused to see such a response

    he is in the process of responding to that query, but even in previous response we sent we highlighted math not by over writing with yellow marker but pasting a pointer towards maths.





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  • summitpointe
    02-29 08:07 AM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.





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  • rockstart
    07-27 08:54 AM
    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.





    akkakarla
    09-06 06:46 PM
    Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.





    vxg
    12-31 01:57 PM
    See my answers. WE just came back on AP, no issues.
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    YES
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    NO
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
    In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

    Your help is greatly appericated.

    Thank you.



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