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  • priderock
    11-29 03:36 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.


    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.


    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.


    Any help is greatly appreciated, I need to decide fast. Thanks a lot.





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  • jsb
    03-25 03:47 PM
    Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

    1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
    2. Don't send RFE to those in EAD during the this time of recession.

    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.





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  • psvk
    08-06 12:08 PM
    Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

    Congrats





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  • sangmami
    06-16 07:24 AM
    hey guys ,
    can any1 tell me how long does it take to get EAD in hand from the date it was filed./and how long does it take to get the I 485 approved under present situation?.In our case the later we get i 485 the better it is for us.Thanks:D



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  • wandmaker
    11-30 05:38 PM
    I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.

    Yes, it is still true.





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  • diesel
    05-25 08:51 AM
    The immigration council said he will pass our concern to the senator.



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  • Berkeleybee
    05-18 08:13 PM
    Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.

    I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.

    Just something to think about!

    Alabaman,

    We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.

    There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.

    See what I said earlier many times, including here:
    http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55

    Franklin,

    We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.

    One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.

    best,
    Berkeleybee





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  • smisachu
    06-09 08:25 PM
    Can you be more specific. In India you have 3 year diploma and then 4 year BE. The 4 year BE is same as 4 year BS here, plus the MS puts you in form for an EB2 category if the job requires a MS.

    If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.

    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti



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  • immique
    07-03 01:50 AM
    H1B transfer pending & going out of US for 3 days.

    My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.

    I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???

    Should I tell that I have joined new employer or should I not?
    My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....

    I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.

    Please help by throwing out your thoughts/past experience/knowledge base in this area.

    Thanks
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.





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  • nixstor
    08-30 01:19 PM
    You are doing a pledge right now. So go ahead and pledge what you have and try to bump them to 25K. Some short flights need only 15K miles. For example United charges 15K miles for trips between IAD and ORD often.

    Here is a link on how you can add 5k more miles if you would like to.

    http://www.continental.com/web/en-US/content/onepass/earn/default.aspx



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  • arunmohan
    02-04 05:03 PM
    Hello All:

    Please let us meet in the weekdays for lunch. Please decide day and time. I will be there.





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  • sreedhar
    09-07 09:01 AM
    Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree



    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    -Sree



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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.





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  • ramus
    05-21 09:09 AM
    This is time to send press release to media and not for this document. Please visit press relese thred.



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  • tamil12
    09-09 08:55 AM
    If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...





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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs



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  • perm2gc
    08-30 12:50 PM
    Dear IV Members,

    The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.

    Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.

    These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.

    To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.

    Come on members..! and pledge in this novel pledge drive for Immigration Voice.
    Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure





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  • deardar
    09-14 03:44 PM
    i understood that. I was just kidding :D

    The newly acquired ART OF BASHING has kept me on toes.
    Scared to post .:p





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  • san3297
    12-28 01:14 PM
    Received H1b approval last week. I got it approved for only 1 year though. I sent all the originals along with self addressed fedex postage paid envelope . USCIS safely posted back using the same envelope. I also sent them transcripts attested by registar in sealed envelope. Thanks for all the forum members who answered my queries.





    Carlau
    01-08 04:48 PM
    Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.





    like_watching_paint_dry
    09-21 03:28 AM
    I don't want to derail this thread, but while on the topic, I'm wondering if any of our Canadian friends, or someone in the US who has invested in Canadian real-estate, can provide pointers to good resources to read up about buying something in Canada without being a resident of Canada. The BC area to be more specific.



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