Sunday, July 3, 2011

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  • auvrm
    01-20 12:36 PM
    I had my H1b till Nov 16, 2010 with Company1

    Company2 applied for H1b transfer and it was approved as of Nov 08, 2010 ( but we didn't get any notification about it it's approval until few weeks later)

    Company1 filed for H1b extension on Nov 10, 2010

    I properly resigned Company1 on Nov 30, 2010 and started working with Company2 on Dec 1, 2010

    Somehow Company1 didn't terminate my H1b extension and it got approved as of Jan 18, 2011.

    1) Which status am I in? What decides my status?
    2) Can I continue working for Company2 without any problems? Has this new approval put my transfer in jeopardy?
    3) Do I need to update Company2 about Company1's extension approval?
    4) Do I need to leave the Country to do any stamping?

    Please help!!





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  • aachoo
    03-20 12:22 AM
    Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.

    My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.

    (No I am not talking about a body shop and this is a small financial firm)

    Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
    -a





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  • milind70
    06-15 09:15 PM
    My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?

    There are two scenarios to this

    Scenario one
    h1 applicant is in US h4 applicant is in US
    In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
    This is because the 1-94 for the H4 applicant must be extended.
    Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.

    Scenario Two.
    h1 applicant is in US while h4 has travelled out just before extension.
    in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
    the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.





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  • reddymjm
    05-21 10:01 AM
    EB3 getting a spillover is highly unlikely, atleast this year.



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  • immilaw
    09-18 04:15 PM
    Dear Friends,
    My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
    I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
    Am I missing something here?
    Can any one of you please explain what this letter is about?
    Thanks,
    Sreekanth

    When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.





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  • njboy
    10-16 01:42 PM
    No...to serve in armed forces u just need GC..infact there are several hispanic green card holders who have died in Iraq and have been awarded citizenship posthumously..



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  • OTTO
    05-13 02:46 PM
    Hi, I was hired 6 months ago as an Electrical Engineer and I am now preparing to apply for GC thru company Sponsorship. I have MS + 2 years and the position requires BS+7.

    1. Am I qualified for EB2?

    2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
    FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)

    Thanks
    Baris





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  • senthilnathank
    10-07 04:54 PM
    No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.



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  • harikris
    06-03 12:28 AM
    What stage is this reform bill in?





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  • vhd999
    10-07 10:19 AM
    Sorry, if this question is asked before. I could not find the answer even after a thorough search.

    My EB3 � India, I-485 application is pending and I am planning to explore options of porting to EB2.

    I am currently working with another employer (B) different from the GC sponsoring company (A) using AC-21 rule.

    My current employer (B) is planning to apply for labor in EB2 category.

    The job requirements satisfy EB2 eligibility and I have the skills/qualifications for the EB2 category before I joined the current employer (B) (in fact even before joining the employer A).

    Two questions:
    1). Do you see any problem with the above scenario?
    2). If you are not a lawyer, can you please suggest a good immigration lawyer that is very good at dealing with porting.

    Thanks in advance.



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  • dent04
    02-23 11:42 PM
    Hi there ,
    I will appreciate if any nurse/perosn who has knowledge about nursing profession answer my question.
    What is the process for licensure to be a nurse in USA-for a person who has done GNM or BSC nursing in India.
    Does it make a difference if one has done a GNM or BSc nursing from India, any advantage of one over the other?

    thanks





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  • willgetgc2005
    05-06 03:56 PM
    OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.

    I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.



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  • belmontboy
    07-23 06:05 PM
    Hello belmontboy,
    I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.

    corrected. Thanks for pointing out.





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  • fernandoamat
    11-17 09:31 PM
    I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
    My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
    I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?



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  • bhatt
    04-02 02:21 PM
    I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC

    For TSC paper filing is faster than eletronic filing;).





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  • jessie1981
    08-02 11:14 AM
    Did anyone get I485 based EAD before the first FP? Thank you!



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  • i99
    09-18 01:46 PM
    Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(





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  • onemorecame
    03-18 10:36 AM
    Today i saw Soft LUD on my approved I-140. Is anybody else got same thing?





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  • natrajs
    08-21 09:35 AM
    Anybody?

    Contact your local lawmaker with your case details

    Call USCIS - NSC

    Write to Ombudsman

    I hope you did all of this already. If not don't wait anymore

    Because you never know, when the new fiscal year begin on Oct 08 for the USCIS the EB2 dates may go back to Mid 2003 and it will not quickly move forward until July or Aug of 09.

    Best Wishes and Good Luck





    justice4all
    08-31 12:29 PM
    Hi,

    My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.

    My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant

    Can I file another I-485 with my new I-140 (EB2) ?
    Is there any way we can link my existing I-485 with my new I-140 (EB2)

    Appreciate your suggestions.

    My attorny is consfused with this situation and trying get mor information.

    Thanks,


    Hello,
    Sorry I cant give you suggestions since I am not there yet. But I have a question,
    Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.

    thanks





    summerpolice
    03-18 10:55 AM
    I think my employer is not willing to sponsor the process due to some reasons.
    Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer