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  • GC_1000Watt
    12-11 03:03 PM
    Pls. find the answers in red ink below. Also, all the answers are based on personal experience.

    Can I work while the case is appealed?

    No. You cannot unless you have a back - up of EAD.




    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?

    There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.




    What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?

    No idea.


    Can I start working once the receipt for the new h1b petition comes in?

    No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.

    If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?

    If consulate case, then you will have to get it stamp to start working.

    Can i transfer my approved I140 to a new employer ?

    I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)

    I will really appreciate your feedback on this.


    Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.

    Thanks a lot for your reply. I really appreciate if you can aswer the following:
    Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?

    if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?

    Thanks in advance.





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  • nc14
    04-09 03:43 PM
    Himu, I have been following IV for months now and have been doing my small part lately. I wanted to post this because like you I also want other readers to be aware of what other people think of Senior Members. I don�t share your sentiments where you say Senior Members have heckled people (I am also a Junior Member). In fact they have been more then helping.

    Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).

    My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?

    Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?


    .............................................

    $60 + $20 (recurring contribution)

    I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
    Hope this make sense and we have more positive posts !!!





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  • StarSun
    02-08 02:21 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

    Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)

    Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!

    True.
    IV in need of brave souls now :)





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  • Ann Ruben
    07-17 09:32 PM
    misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.



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  • h1vegas
    06-25 10:21 AM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    Here is the reply from my attorney

    the CIS takes 90 days to issue the EAD cards; don�t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current





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  • jy1021
    02-12 10:35 PM
    I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.

    My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).

    Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.

    Good luck.



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  • desi485
    09-27 10:12 AM
    ^^bump^^





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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj



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  • pcs
    01-03 04:02 PM
    Can we make it flexible so that the jump in amount can be as low as possible with a $20 minimum





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  • desi3933
    06-25 10:41 AM
    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    .....

    http://immigrationvoice.org/forum/725808-post105.html


    .



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  • gc2005
    11-17 01:48 PM
    That brings up a good point, why do you think all the PDs are moving except India?
    Is there really that many applicants from India than China





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  • kak1978
    10-26 02:58 PM
    I gave you green .. be happy .. and keep helping others

    Well, thank you. I am returning the favour.



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  • indyanguy
    11-14 10:38 AM
    1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?

    2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?

    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.





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  • venky08
    01-07 03:12 PM
    there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.



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  • sandy_anand
    01-24 10:12 AM
    TeddyKoochu, based on the 2010 report, can we estimate what the total EB quota would be for 2011?





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  • WeldonSprings
    01-15 03:35 PM
    Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!



    Hello All,

    Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

    Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


    I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


    http://lofgren.house.gov/

    Good Luck to all of us.



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  • cagedcactus
    05-03 06:54 AM
    thanks a lot friends, I appreciate your inputs.......:)
    I had couple of companies contact me, so will look for a solid new start.
    4 years of wait down the drain......:mad:





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  • ssdtm
    12-12 04:06 PM
    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.





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  • grupak
    08-15 01:50 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.





    shreekhand
    08-03 12:39 AM
    Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.

    What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!



    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??





    immi2006
    05-04 10:41 AM
    THose are labour filed.

    It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

    One thing that emerges clear from the data pattern :

    Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
    140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.


    Hi Immi2006.

    Please help me understanding this..

    Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

    Please enlighten me....

    thanks:)



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