Tuesday, June 14, 2011

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  • glus
    01-24 09:13 AM
    Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

    Meanwhile anyone with any other opinion is welcome here. Thks all

    hi there:

    One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.

    Best Regards,





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  • reddymjm
    05-16 02:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.

    Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.





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  • aroranuj
    11-24 10:12 PM
    I am in the same boat....TSC denied my I-140. My attorney has said that you can file an appeal (in your case in the EB2 category) at the same time you can also file for a new I-140 in a different category. Your best bet is to possibly file in the EB3 Category & wait for the appeal take its time at AAO. In the end if they do deny the appeal you can still file a new I-140 in the EB2 category.

    Let us know what reccomendations your attorney provides you.

    Good luck!





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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.



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  • LostInGCProcess
    09-15 12:03 PM
    This is truly a great idea. We must show the 'family' face of our struggle. This country is built on compassion (at least that's what they claim in the mainstream media). Each one of us must send one family picture to the President of United States and urge him to take a closer look at the current USCIS process and make it better.

    I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.

    Good Idea!!





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  • navyug
    06-24 07:27 PM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.



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  • GotGC??
    03-27 02:09 PM
    You missed the sarcasm, never mind :)

    Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.

    Yes. I have paid quite amount of money to fill the PERM application.
    So, what you are saying that I actually can continue the process?





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  • anilsal
    03-17 01:19 PM
    it is very important that you seriously consider the options you have at the earliest.

    You should try to talk to an immigration attorney at the earliest.

    Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.

    Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?



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  • Alien
    02-09 11:22 PM
    Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.





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  • designserve
    03-02 06:20 PM
    I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B



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  • japs19
    01-07 02:57 PM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

    I am not a lawyer so it would be best to consult one.





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  • logiclife
    03-28 03:39 PM
    Yes Bheemi.

    I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.

    Jay.



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  • eilsoe
    10-03 01:41 PM
    Yes... someone should start a SPAM thread...

    to let off some agressions that is...


    ahh what the h*ll.. we answered his question in the beginning...





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  • hmehta
    09-12 07:20 PM
    Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.

    As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.



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  • prince_waiting
    08-31 11:45 AM
    Dont worry about it guys........

    Every American who owns an IPOD and can surf the web thinks that he is hi-tech....

    Americans still expect six figues salaries after high school educaiton....

    My boss has been trying to hire a couple of EEs since the past couple of months but is not successful.....Ultimately he had to request me to find Indians graduating in the coming fall semester from the local university....

    Also the poll shoule be structured as "Do you think American school system is not producing enough skilled workers with knowledge in STEM fields?"

    'High tech jobs' and 'qualified workers' are all distractive terms for the larger malice in place: Americans taking for granted that jobs will be lined for them when they step out of college.

    As a matter of fact Mr. Lou Dobbs is doing a big disservice to the American people by lying and not encounraging them to face the harsh truth that there is a lot of competition out there and please be prepared to face it.





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  • wleebrown
    November 14th, 2007, 01:32 PM
    I used to reformat my CF card when I put it in the camera. But I started getting card read errors from Lightroom, when in fact the files were readable. This may have been strictly a Mac issue, but once I stopped reformatting the card each time the errors stopped occuring.

    Just my $0.02 worth on formatting.

    Blessings,
    Lee



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  • msp1976
    05-26 11:44 AM
    Thank you to you all...

    Core team,
    QGA Associates,
    Staff of senators,
    Senators,

    You guys have worked hard and your efforts are appreciated....





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  • sushilup
    05-03 10:34 AM
    Hello Guys,

    Here is my situation, it might help to many, who are planning to move to MA..

    My background License history:
    I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.

    Now 1 month ago moved to MA:
    1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
    I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.

    2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.

    Now the problem-
    They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.

    Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
    Now we are stuck, until she passes her written and road test.

    Same thing is going to happen for me. I am in very painful situation and don't know the way out.

    If anyone has similar situation, please share.

    ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED

    GOD BLESS TO US ALL..





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  • qualified_trash
    11-14 02:35 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    I am sorry to hear of your plight. As a public service message, could you post the lawyer's name here..........

    Also if you have time on your H1 - 6 mos and more, you should start the process to file for a LC using PERM. You will not have your October 2003 PD. However, you can definitely continue to live and work here.............





    waitingmygc
    05-20 11:48 PM
    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?





    shivarajan
    11-23 10:41 PM
    ICICI is worst when it comes to exchange rates:

    I have used many transfer services in past years so far and these are worth mentioning.

    In Order of exchange rates:

    -SBI Online (Now simple to register too and very nice one)
    -Remit2India (has specials, but careful they don't fullfill it)
    -HDFC (Internally uses same service of remit2India)
    -CityBank
    -ICICI
    -Western Union

    Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.

    :D



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