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  • pthoko
    07-05 03:07 PM
    Hi All,
    Please clarify my doubts if you can.

    The G-325A form is asking for dates of previous employment. I have an issue here.....

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

    Thanks.





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  • chanduv23
    10-24 01:56 PM
    Ramba,
    Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.

    I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.

    Thanks guys!

    -samcam

    RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case





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  • glus
    11-06 03:47 PM
    glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.

    Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.

    OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?





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  • meridiani.planum
    10-01 11:58 PM
    Folks
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started


    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

    thanks

    Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.



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  • radhay
    01-09 04:14 PM
    Thanks for your suggestions. I think I will try another office.





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  • BharatPremi
    07-22 01:55 AM
    My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?

    Thanks for your input.

    Solong:confused:

    Yes you can file your 485. Just tell your lawyer not to forget to attach the H1 extension application receipt.



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  • subarashi_indo
    11-30 08:32 AM
    I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.

    Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."

    Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
    Please advise.
    Thank you.





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  • akhilmahajan
    06-27 12:25 PM
    I think dec 2006 must not be a mistake, as thats the date they are showing they are working on............



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  • desighee
    02-25 12:43 PM
    Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..

    I don't know where u stay in MD but if u are near Baltimore don't got to Baltimore MVA.
    Go to the one in ESSEX.My wife had too many issues at Baltimore MVA but essex people were very nice and had a seperate person dealing with licensing issues for visa people.





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  • GCeffect
    02-09 05:22 AM
    Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...

    Check out the RFE letter comment at the following:
    """""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""

    Now let me explain my situation.
    I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.

    PLease let me know what you guys think about the whole situation.

    Thanks ahead about your concern ......

    EB3 (ROW)..PD May 2006



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  • snathan
    02-07 08:50 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?





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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.



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  • EndlessWait
    07-27 01:47 PM
    Heard back from the attorney - filing after Aug. 17th.
    my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+





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  • sheelalann
    05-21 12:44 PM
    this is the toughest issue ever discussed on this forum :)



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  • gc_chahiye
    12-18 04:24 PM
    What do you mean? An approved I-140 suddenly got reversed decision and was denied? Haven't heard of such cases. Can you please show me the link? thanks!

    this was posted on IV recently:
    Approved I-140 revoked after 2.5 yrs
    http://immigrationvoice.org/forum/showthread.php?t=15993





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  • sreekanth
    10-02 07:01 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    I had a chance to read your article about the issues
    faced due to the H1B caps and the Greencard
    Retrogression.("Time Is Running Out For H-1B Visa Cap
    To Be Raised--Or Is It?"-Information
    Week,Dt:06-Sep-06)

    Thanks much for your insight about the SKILL bill.

    It would be of great help if you could write more
    Articles about the retrogression issues. Thousands of
    unfortunate skilled workers like me have been caught
    in the 'Retrogression' black hole and there is no
    relief is visible in any near future.I have been
    waiting for more than 5 years for my green card in
    vain. We are in a state of limbo and are almost
    similar to bonded laborers since our professional
    mobility is very much limited.

    People talk so much about the CIR and Illegal aliens
    but very few people even know about the plight of the
    LEGAL SKILLED workers.The retrogression has not only
    affected my immediate future but it has also
    negatively impacted the future of family/kids as well.


    Our final hope is residing on the SKILL Bill and we
    pray that it will be some how be passed in the
    lame-duck session as you mentioned in your article.
    Hundreds of Skilled workers like me have given up hope
    already and are returning to their countries or are
    looking for opportunities in other countries like
    Canada etc. This also is having a significant negative
    impact on US economy.

    Just to give an example: Atleast 100,000 Skilled
    workers are holding off the decision to buy a house
    since they are not sure about their future here in US.
    This amounts approximately to $30,000,000,000 (100000
    X $300,000) inflow of money that could give a big
    boost to the declining US Housing market.

    It is sad to see that so many experienced LEGAL people
    leaving this country due to immigration caps.

    I kindly request you to publish a cover story on this
    serious issue before the lame-duck session. I am sure
    your words will have a big impact on the CEO's and
    CIO's who in turn can lobby among the senators for our
    cause.

    Thanks again for your help so far.
    Regards,
    Sreekanth



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  • peer123
    06-11 06:59 PM
    please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.

    I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.





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  • sagar_nyc
    05-08 11:43 AM
    Could you please elaborate what exactly happened? Did it happen at your client's place or consulting company?

    I know cos it happened at my workplace

    -cheers
    kris





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  • rbalaji5
    07-17 07:55 PM
    Really Thank and Appreciate Mr Gonzales.

    Thank you so much Mr. Emilio Gonzalez





    vina92
    12-11 08:44 PM
    I am in MN and would like to join in.





    peacocklover
    12-01 08:33 AM
    Ya, I think that could be a problem if they make it current again. Instead of messing up with influx of applications again like in July 2007, they can gradually move dates from July 2007 to Jan 2008 (six months) or July 2008 (a year) ahead in EB2 category, In that way it will not clog the system and will justify people who are sincerely waiting in the line until now and also for future movement.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.



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