Sunday, July 3, 2011

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  • kannan2010
    11-12 07:15 PM
    I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.




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  • eadguru
    10-04 01:49 PM
    Hi Tnite,

    Thank you for your reply.
    ...but only in Adjustment of status, what does it meaning?




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  • jthomas
    04-08 04:09 PM
    I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.

    Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.




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  • chirag1211
    09-24 03:41 PM
    Hi,

    I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.

    Can anyone put some light to this sitaution.

    Thanks,

    Chirag



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  • bbenhill
    02-05 04:40 PM
    I had that issue as well ..my parents returned to US after 3 months and got a lot of questions. I don't think POE will deport your parents.

    Thx

    My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....

    It's all depends on the officer & POE




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  • BostonGCVictim
    04-07 03:09 PM
    This for supporting illegal immigrant causes. Supporting this is entirely upto you based on your beliefs but our issues as legal immigrants is not going to be addressed by them



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  • reddymjm
    04-08 11:46 AM
    As I said before the CAP will not reach for a month or two.




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  • Munshi75
    12-25 01:40 PM
    My take on this issue is that , for a non-profit institution the minumun wage determination for LCA is not based on the market rate but infact depends on the internal salary rate for the employees in the same organization at similar levels .

    Hope this helps.

    A



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  • 90210
    03-28 05:41 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!




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  • clifford
    02-01 07:52 PM
    Hi,
    I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )

    I will appriciate any help/suggestion in this matter.
    :confused::confused::confused:
    Regards,



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  • kumar1
    12-05 07:32 PM
    1. Is it is consulting job? If yes then it does not matter. If it is a full time job, go for stability. You need to hold on to your job for quite a while.
    2 "Consider" is a dangerous word. Have them give you in writing when would they start the process. If they are not giving you in writing, believe me, they will never start the process.
    3. It is random. Consulting jobs tend to get more RFE.

    Good Luck.

    I got laid off recently.

    Now got job with 2 companies. 1 small and 1 big. 3 questions:
    (1) Should I select based on my salary? Big company offers more salary.
    (2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
    (3) If I transfer H1B Is Big company likely to get RFE or small?




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  • dilber
    07-29 02:51 PM
    Just sent you an email. I will pray for your cousin.



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  • wandmaker
    08-24 05:08 PM
    Dear Attorney,

    Is there any minimum length of time to be on H4 before applying to H1.

    Thanks

    There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status

    BTW, I am not an attorney.




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  • sukhyani
    10-04 09:55 AM
    A friend of mine got an RFE (asking for employment letter) on his I485 yesterday. Does that mean they are working on his case? His priority date is later than mine and I dont hear anything from them!



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  • bhasky25
    12-20 06:38 PM
    I just received a NOID for my 485(No LUD on the online status, received direct mail) saying that my underlying 140 is withdrawn and AC21 not filed. I have filed for AC21 last june (yes June 2009) along with my RFE (asking for G325a, Medical, Birth Certificate and 10th marksheet - this was during the Pre-adjudication time). My 140 was withdrawn by my employer as I had changed jobs under AC21 provisions(left employer in Jan 2009, filed AC21 in June 2009 and 140 withdrawn Dec 2009). Guess I will send the entire paper work again. I am EB3 India with Feb 2004 PD and I am no where near being current so I am trying to figure out if it is just me or is this the new scam that USCIS found to harass us!!!

    PS: My friend who is from the same employer, similar case (Nov 2003, EB3 with AC21 filed) also got a NOID. He responded to it yesterday. Guys, post here if you also received the same.




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  • Blog Feeds
    04-16 03:00 PM
    Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...

    More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)



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  • stillalone
    02-03 02:36 PM
    ITU is not operating illegally and it is approved by Bureau for Private Postsecondary Education (BPPE) and Authorized by the Student Exchange and Visitor (SEVP) program of the US Department of Homeland Security.




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  • god_bless_you
    06-08 12:55 PM
    Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.

    most probably by Oct with new year dates it move to May 2001 but later bove back to old priority dates once approvals come from BEC's




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  • cbpds
    09-01 07:34 PM
    what are u acheiving out of this poll???? get back to work !!




    perm2gc
    06-28 09:54 AM
    Unless the first company cancels their H1B
    they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.




    Circus123
    10-26 07:16 PM
    Thanks!!!



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