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  • peer123
    04-09 11:15 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help
    bumping it up... - please provide your input




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  • gconmymind
    04-10 06:10 PM
    its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).

    isn't this a funny and/or strange statistic ? :confused:

    anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.

    -a

    There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..

    It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...

    Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!




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  • xgoogle
    11-12 05:34 PM
    Even if you are not paid, working for a for-profit organization implies taking away job from a legal resident/citizen who could otherwise have been paid. If its a non-profit org, its a different matter.




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  • lskreddy
    11-10 02:58 PM
    The answer is no, she cannot volunteer. Community service is probably all one can do but any others that potentially can be perceived as displacement of US worker is certainly a no-no. In the proposed case, it can be construed as such.

    Having said all this, its tough to interpret what actually is and is not true.



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  • BMS1
    08-21 09:23 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.




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  • ajju
    10-15 02:21 PM
    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...



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  • InTheMoment
    08-09 09:29 PM
    And how may I ask you came to this conclusion?

    Any reference, link would be helpful.


    This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.




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  • geesee
    07-25 12:34 PM
    another ^^^^



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  • seeking_GC
    07-19 03:35 PM
    Thanks for ur reply..anyone else has any input on this??




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  • Lord Rahl
    03-05 10:51 PM
    Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)

    Don't worry about it. I'm sure it will be entered once Kirupa gets around to checking this section. You'll see quite a few uniqe styles and great entries from members of this site. Quite the talented bunch.
    And welcome to the forums!:thumb2:



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  • gc_chahiye
    11-09 02:43 AM
    I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

    oh ok, it makes sense then. thanks for clarifying that.




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  • anu_t
    06-17 05:27 PM
    There are some people who would be Happy , worry free even if their Dates are not current. Even they are patiently waiting for their turn since 2003.
    And then I see this kind of questions. Makes me just frustrated. :mad:



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  • mchundi
    02-16 05:04 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
    Good work jungalee32,
    It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
    --MC




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  • jackisback
    06-07 01:03 AM
    I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there



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  • TheOmbudsman
    08-24 01:22 PM
    Stupid answer:
    Less than what Indians would like.

    in EB3, EB2 and EB1




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  • kpsm88
    11-15 04:46 PM
    ksahmed,

    Can you tell me if the AP was received by your attorney today or by you directly..



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  • rongha_2000
    10-02 11:23 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?


    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.




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  • vin13
    07-01 02:10 PM
    I am not sure if this is what you are looking for...please check this. It says someone on "Parole" may be eligible non-citizen.

    Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
    Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.

    For financial aid purposes, an eligible noncitizen is one of the following:

    A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
    A conditional permanent resident (I-551C)
    A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
    If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:

    An F-1, F-2, or M-1 student visa
    A J-1 or J-2 exchange visitor visa
    A B-1 or B-2 visitor visa
    A G series visa (pertaining to international organizations)
    An H series or L series visa (allowing temporary employment in the U.S.)
    A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
    An I-94 stamped "Temporary Protected Status"
    However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.




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  • jonty_11
    01-15 12:07 PM
    Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.

    I do have a Masters from US and 6 plus years expirience in US.
    I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...




    yabadaba
    06-22 09:43 AM
    any responce
    if u have tb... u have bigger problems than 485




    obelix
    03-02 11:28 AM
    Hi All,

    I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.

    I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.

    I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.

    My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.

    Does anybody see any issue in the plan? What would you do if you are under similar situation?

    I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.

    Thanks,



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