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  • howzatt
    11-14 02:22 PM
    As per my family experience: for my husband and daughter they issued EADs without
    FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
    in a 4 days after FP was done.

    So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
    in some cases they(USCIS) may pretend that there are a requirements( depends from officer)


    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.




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  • permfiling
    01-19 09:59 AM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.


    You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.




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  • boldm28
    04-19 03:48 PM
    I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.

    Y cant you ask the same question in your home country assuming it is India
    you wont get any reply not in 100 years



    Any way, pack your bags or wait for ten years.


    Y cant you ask the same question in your home country assuming it is India
    you wont get any reply not in 100 years




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  • Soul
    05-30 05:12 PM
    :P



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  • rjgleason
    March 15th, 2004, 05:26 AM
    No...........I'm going to wait until the next generation camera phones come out........rumor has it the developers are going to include a 70-200 2.8 L IS
    with the ability to interchange with several other lenses not yet in development.




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  • gkaplan
    04-22 02:37 PM
    thanks again:
    more questions:o
    1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
    2. how long does it take to get approved for LCA? (if the company does everything correctly?)
    3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
    4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
    5. what happens after USCIS gives an ok? and a 'no ok"?
    6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
    7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?

    Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
    Thank you again.



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  • BigMouth
    10-26 10:55 AM
    Thanks Masti for your response.

    Anybody else have any experiences from this year?

    Thanks.

    I got approval of H1 extension applied on Aug. 06...




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  • ruchigup
    08-22 03:54 PM
    Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
    Can you please share your AC21 experience so far ? Is your new job exactly similar ?
    I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.



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  • fall2004us
    03-22 02:43 PM
    samswas - sorry for hijacking your thread a little bit.
    here is my question:
    Can I travel while EAD is still pending, though EAD is not being used, and mode of entry will be still H-1 and AP papers as backup.(no employment change)




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  • gee_see
    10-19 12:06 PM
    As i mentioned in my first post, new job offer salary is more than prevailing wages for that location.

    My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.

    Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site

    Please advise



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  • GCwaitforever
    07-14 09:59 AM
    If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.




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  • snathan
    02-10 11:50 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    It will come only for I-140. You will get the approval in Perm.



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  • swamy
    01-02 12:22 PM
    just appeal with excellent documentation - you should be fine. hope your transcripots were validated by some education service here as thats what i've heard is done if one doesnt have an us degree.




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  • santb1975
    02-13 05:17 PM
    Please participate



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  • arsh007
    12-08 06:05 PM
    BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.

    Thanks in advance.

    My immigration status is H1 (485 pending EB2/INDIA). I am on the verge of completing my 2 year Masters in Computer Information Systems (MS-CIS) from Missouri State in Springfield, Missouri. Its a distance education Masters program with one week of on-campus residency every semester. The program is geared towards working IT professionals and its accredited by AACSB. The quality of education is excellent and fees is very nominal. I even got my employer to reimburse me for the tuition. Please see the following website for additional information on the program.

    http://missouristate.edu/

    http://mscis.missouristate.edu/default.asp

    http://mscis.missouristate.edu/applicationprocess.asp

    Please email me at arshstl@gmail.com for additional information.




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  • brij523
    02-17 10:10 AM
    Test Siganture



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  • rameshvaid
    02-24 04:50 PM
    Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
    I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?

    Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.

    Good Luck..
    RV..

    "AP is Advance Parole" to enter US.




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  • ch_murthy
    06-08 01:52 PM
    My Labor was filed in Aug, 2004 under EB3 (Traditional); pending at Phil BEC. Again filed in Dec, 2005 under EB2 (PERM); I-140 Approved. Can I change my EB3 PD to EB2? If so, please let me know my options. I am in 7th year now. I will talk to my lawyer, without me knowing all the things; this attorney is not ready to talk to me. Thanks for your help.




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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off




    cygent
    06-11 07:19 PM
    Based on this situation, if Company does not revoke your I-140, but closes it's doors, what happens? Does that preclude that the 140 is null void?
    You are now working for Company B with 3yr H1-B, and porting the old PD.
    Does anybody know?




    Rakson
    03-01 12:25 PM
    Another front to think about :

    Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.

    So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.


    You have added important point for consideration. Thanks!



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