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  • raj2007
    02-10 11:23 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???

    I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...

    Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)

    I agree with you..it depends how much time is left on H1.he can easily switch to H4




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  • JDM
    08-27 12:18 AM
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  • darsh678
    12-26 03:17 PM
    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.

    Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...

    I plan to be under new employer with the same job description while going on for vacation and returning back on AP.

    Please clearify...




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  • kevnss
    03-20 11:50 AM
    Hi,
    I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.



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  • salvador marley
    07-14 10:55 AM
    when was the deadline for this? i take it that the guy who did the one with the moon has won it.




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  • morchu
    04-21 01:35 PM
    See my answers below:

    a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.

    b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.

    c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.

    You can file for Consular Processing, but for that you might need to file an I-824 now.
    Again the same things mentioned above for AOS applies.

    -Morchu


    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

    b.) Can i file for H4 on my own..is it complicated?

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current


    thank you!



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  • Nabeel
    10-25 01:37 PM
    I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.

    Yes sir, I am in Agreement with you provided you filed your extension before your H1 Expiration date and got your receipt later on.
    Nabeel




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  • GCFrenzy
    05-19 12:42 PM
    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....



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  • arnet
    09-17 07:11 PM
    disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.

    I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....

    they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.

    some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...

    they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).

    writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.

    if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).

    they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.

    regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.

    but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.

    good luck....:)

    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123




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  • jungalee43
    02-17 09:54 PM
    That means his stand is not really tied to any issues surrounding the problem or its solution. It is pure politics. So for us he is another clone of Sen. Sessions. And obviously meeting, letter, flower or for that matter whatever we try is not going to work.
    It has been tried, they are not open to talk



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  • aamchimumbai
    09-04 08:42 PM
    This is as per USCIC:

    06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).

    Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.

    I guess that's the only hope I have. I'll keep you all posted.

    Thanks




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  • nj.gc
    08-04 06:11 PM
    HI

    I just spoke with customer service representative, She said 2 A #s are not at all problem and she said one more thing to make sure that I485 A # should appear in GC when it will approve.



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  • ArkBird
    07-09 04:22 PM
    I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.


    Hope this helps.

    ArkBird

    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!




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  • it is ok
    05-18 05:27 PM
    Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.

    But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?



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  • Lasantha
    01-31 02:16 PM
    I am no expert but I think you are OK because of this phrase in your Labor.

    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.

    But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com


    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.




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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .



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  • ramus
    01-23 01:33 PM
    You need DS-157 only if you are between 15-55 age. When you finish DS-156 it should show you only if you need it. If you don't need it, I think you won't see it..
    __________________________________________________
    If you not already please send letter for admin fixes.
    __________________________________________________ ___



    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.




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  • kookoo
    08-03 05:31 PM
    I know what I did was wrong. But what should I do now?

    I am worried if USCIS will be sending the copy of the experience letter for verification?




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  • TexDBoy
    06-10 02:51 AM
    Are those requested documents not part of standard documentation when we submit our 485 application.
    My lawyer asked me to submit all the I-20s and H1B copies when we applied for 485 ....

    Again, its interesting that they are looking for status as back as 1998 and not from the last entry ...




    Sandeep
    03-15 11:54 AM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.




    kicca
    01-25 03:48 PM
    ^^



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