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  • mzafar125
    11-12 10:19 AM

    Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.


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  • Desertfox
    08-11 09:23 PM
    I am getting my GC processed on a future employment offer. I already have my EB3 I-140 approved from NSC after A2P RFE, and my I-485 is pending since July 07. I plan to join my sponsoring employer shortly using my EAD, but my attorney told me that I have the optio to wait until I-485 approval. Hope this helps.

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  • vinabath
    03-17 04:30 PM
    1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
    2. you accept it and ask your employer to start the GC process.
    3. your employer applies for Labor Certification for the proffered position.
    4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140

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  • texcan
    10-10 08:30 PM

    This is question to july 485 files, has anyone from Austin, tx received FP appointment.
    I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
    and EAD on 10/2, but no FP as yet.

    Just wondering if FP did get lost...or am i in line..

    Comments, suggestions ???



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  • wandmaker
    11-25 07:15 PM
    clarify21: You can not have two status (ead & h1b) at the same time. Either your are on H1B or EAD (Pending AOS). If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time. By doing this, H1B and EAD both are valid. The moment you use EAD, your H1B status is invalid. Have a talk with your attorney. Hope this helps.

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  • GCwaitforever
    05-24 09:59 PM
    It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.

    I am not an expert in this. Please discuss with your attorney for better advice.


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  • bigboy007
    04-07 12:17 AM
    There is tons of info on IV's Forums itself. But I think here are key things you might think about :

    Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...

    I had AOS though company A and holding my H1 which is expire in July 2010.

    I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.

    I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.

    JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.

    Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.

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  • pbuckeye
    08-24 07:36 AM
    Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.

    Preferably yes, you should apply before the I-94 expires.

    However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.

    P.S. I am not a lawyer.


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  • jd123
    05-16 01:18 PM
    Do i have to leave the country? isnt there another option?

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  • mirchiseth
    06-03 08:47 PM
    My last EAD and AP were filed at TSC and that is what is specified in e-file application. Now I am getting worried :confused:

    Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)


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  • kannan
    11-17 05:30 PM
    I-94 was attached.

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  • raju6855
    01-19 05:11 PM
    This has been big bummer. had to cancel the flight and now my wife is thinking about dropping out of semester.


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  • JunRN
    09-26 02:38 PM
    That remains to be seen. Congress cannot act in a mere speculation that there will be spierce competition between EU and US on skilled labor. US still attracts a lot of foreign skills. Increasing the number is not always seen as a solution but streamlining is or efficiency in adjudication is.

    Anothe problem is that US thought it is adding more into the work force everyyear by giving out immigrant visas (EB). This is wrong because most of the applicants are already in the workforce under H1B and their dependents. What EB visas do was to retain these foreign skills by giving them permanent residence status. Therefore, EB visas are there not to add into the workforce but to maintain the current workforce.

    The real visas for adding into the workforce is the H1B, which is temporary and only 65,000 per year which in a week time was used up.

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  • dreamworld
    10-25 04:41 PM
    IV memebers, mark your calender and Participate.

    The Office of the CIS Ombudsman is hosting teleconferences to discuss your interactions with U.S. Citizenship and Immigration Services (USCIS). Join us to share your comments, thoughts, and suggestions as well as any issues of concern.

    Upcoming teleconferences:

    1. �USCIS Receipting Delay II � How Does This Affect You?� � November 2, 2007 2:00-3:00, EDT
    2. �N-648 Medical Waivers � How Are They Working For You?� � November 2, 2007 3:30-4:30 EDT.

    How to Participate
    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.

    If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.

    We appreciate your participation in this pilot program.



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  • maverick80
    02-11 06:40 AM
    I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

    We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.

    This would be totally awesome coz I would love to work in some other country for a while.

    Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.

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  • h1techSlave
    10-13 08:34 AM
    Folks, I have received a notice from USCIS stating the following:

    The above application or petition has been received.

    Your application was received without the necessary fingerprint fee.

    Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...

    Is there any one else in the same boat? What are my options here?


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  • anilsal
    12-28 10:40 PM
    with your attorney and employer. There is nothing you can gain by worrying about it. If they issue an RFE, then you will ready.

    USCIS will not outright deny applications with mistakes as far as I can tell (I am no expert). There may be RFEs or NOID to which you can take proper action.

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  • Sushana
    01-15 11:47 AM
    To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.

    For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.

    My guess is: this is well known fact and may not need attorney. See what others say.
    Thanks M for your timely reply. It is helpful to know that I don't have to again go through the "H1-B lottery" for 2008-09

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  • sameer2730
    10-13 01:41 PM
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
    shows different dates for EB3 India.
    May be typo ????

    They copy china dates. They did the same thing last time. I think their program needs a fix. They will change it manually eventually. But in the meantime if you want to rejoice in hope feel free. I did that last month. I knew I was kidding myself but then thought, why not indulge myself.
    Three years back I dreamt my labor got cleared. Labor mind you not GC.Even in my dreams I don't see that. I was delighted. I was aware I was dreaming(One of those lucid dreams) but I let it continue. It felt good for a while. This is the same thing. Have fun

    05-16 01:52 PM
    It would be interesting to split the poll as: Apr-May, June-July, Sept-Oct and Nov-Dec 05. I know there r not many between apr 05 and sept 05. but there is a lot in mar05 and sept to dec05 as labors under perm started clearing after sept 05.

    04-06 01:51 PM
    My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.

    Anyone in same boat??:eek:

    You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
    Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.

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