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  • saurav79
    04-02 01:56 AM
    Hi. I have been on H1b with Company A since May, 2008. My visa and I797 are valid till Sept 24, 2009. There is no bench/pay roll break in my employment. I want to transfer my H1b to Company B. Should I use premium processing or regular processing? I have heard that many premium processing cases get a RFE. Is it true? This is particularly important given the bad economic landscape and news/rumors of large number of H1b transfer/extension refusals.




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  • Munshi75
    06-05 06:23 PM
    Open a thread for yourself!!!

    Hi Guys,

    In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

    What number should we write? I-485 receipt number or receipt number for last EAD?

    Can someone please respond?

    Thanks




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  • bodhi_tree
    02-21 10:55 AM
    I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.

    My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.

    Would appreciate if someone knowledgeable would comment.




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  • mambarg
    08-03 04:42 PM
    Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another



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  • raamskl
    11-25 08:50 PM
    clarify21: 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.

    Can you do this?, am not so sure that you can have 2 H1B's and work for both. Don't you transfer your h1 to the new employer?

    I am sure clarify can use the EAD for the both full and part time job.




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  • Cheran
    04-14 05:24 AM
    This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....



    All,

    My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

    Can anyone here provide some guidance or point him to the right discussion thread?

    Thanks!!!



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  • justin150377
    06-28 08:55 PM
    My lawywer mentioned that they could file Monday July 2nd for packet delivery on Tuesday July 3rd. What is the definitnion of the filing date? Is it done electronically so that the filing date is Monday (the date the packet is sent) and delivery date is Tuesday? Or is the delivered date the filing date.




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  • sanjose16
    02-26 01:00 PM
    I'm sorry let me re-phrase:

    Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?

    If yes, what's the option?

    Should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?



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  • Dhundhun
    11-17 11:26 PM
    My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK.
    It is electronic imaging, with very advnced technology. It immediately analyzes, whether it is legible or not, so that if illegible, repeated operations can be performed. I hope that she will not have any problem.
    :)




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  • smarth
    10-04 09:00 PM
    Which center did your application went? What is RD and ND?



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  • senthil1
    05-20 01:42 PM
    It is true that immigration is not at all reason for unemployment. When unemployment increases that will decrease immigration to some extent. We could see that in h1b numbers and also illegal immigration. But future immigration will depend on how fast jobs are created when recovery starts.

    From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)




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  • redgreen
    11-17 12:01 PM
    To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.

    Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.



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  • freedom4ever
    04-20 07:23 AM
    As long as you haven't used the EAD/AP for employment purposes, I think your H1 is still valid. If your H1 is still valid then I believe you can get your denpendant's H-4 extended based on our H1 validitiy. But I suggest to contact your company attorney to make sure your H1 is still valid.




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  • rameshraju11
    07-21 07:51 PM
    Hello,

    My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail

    But today I have received the status change from Approved to Document mailed from USCIS online system

    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

    On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.


    what does it mean ?

    Thanks in Advance



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  • kanshul
    12-18 10:02 AM
    I am sure it is not enforcable...

    Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.




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  • cinqsit
    02-09 06:30 PM
    Please help...

    For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney

    You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that


    Dont know about payroll

    cinqsit



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  • univariate
    07-23 04:16 PM
    Hi, Friend,
    Can you give more details regarding your travel to Canada?
    Which city is the port of exit and port of entry to USA?
    What document did officer ask for when you exit and reenter USA?
    Thanks.




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  • cinqsit
    10-12 10:32 PM
    Hello I am in H4 in usa.
    I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
    In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
    Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?

    You have 2 options

    1. Convert your h1 to premium processing and hopefully get it approved before
    your current h4 expires

    2. apply for h4 extension - and wait for your h1 application to get through

    To be really conservative - its best to file for H4 extension anyway irrespective
    of whether you convert your h1 to premium

    Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied

    Good luck!




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  • jtp_redson
    02-18 11:07 PM
    Hi,

    I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.

    The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.

    So my question to you guys is
    1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
    2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
    3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?

    Any help would be greatly appreciated.
    Thanks,
    Jay




    voldemar
    10-23 09:39 PM
    Hi Folks:

    Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

    Thanks
    My son "traveled" on AP for almost 6 months.




    eb3retro
    06-18 03:41 PM
    Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.



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