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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.





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  • sdrblr
    10-28 11:11 AM
    Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
    Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.





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  • PresidentO
    02-10 08:46 PM
    dvb123,

    Update your profile

    You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.





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  • rbharol
    08-23 12:39 PM
    When is the Senate meeting and is it scheduled to take up the skil bill this year??...
    When can it take it up next year??...

    Could you please give some dates???.

    There may be a chance that this bill is discussed in September...Otherwise after elections..may be.
    Personally I do not care if it passes before or after elections as long as it PASSES!



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  • xbohdpukc
    09-21 02:18 PM
    I think we need the limit to go or at least double. I think the best way to make the congress and also the american voters happy is to NOT increase the visa numbers or bring in SKILL bill but to increase the existing 7% limit. This way they will be happy as the same number of ppl are getting PR and we will be happy as the priority dates will move forward.

    without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.





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  • TomPlate
    07-17 10:35 PM
    You should not have a problem. But you will get an RFE and then you need to complete. But good if you can get medical examination completed, because almost everyone would have put that shot in India. Convey your doctor to say yes and complete it.



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  • DSLStart
    10-02 09:07 AM
    He better shut up and not make fun of Indian accent. George Allen an senior senator from VA had to face defeat last election over his macaca comments.





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  • bsbawa10
    08-15 11:14 AM
    I have made these changes ..

    Thanks sachug22



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  • bsbawa10
    08-03 06:41 AM
    The answer is yes. you can get inifinte 3 year extensions . I am one of the examples myself.





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  • sathyaraj
    10-26 10:36 AM
    Submitting AR-11 does not help but it is required. I did submit AR-11 still went to my old address. But my EAD/AP approvals came to my new address bcoz of change of address submitted through USPS. USCIS sent me all the confirmation that I have successfully changed my address for EAD/AP petitions, but still managed to send them to my old address.

    I hope it helps.



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  • pappu
    11-17 12:30 PM
    Bump





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  • Suva
    04-30 12:22 PM
    Nop...

    I was wondering if they have restarted premium processing for I-140 yet?



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  • mzdial
    March 20th, 2004, 11:43 PM
    Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..

    -- Matt





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  • SherazKhan
    11-16 08:19 PM
    Hi Mena,
    I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
    Thanks.



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  • jkays94
    05-30 10:10 PM
    Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)





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  • michael_trs
    11-18 11:34 PM
    485Mbe4001,
    Sorry, I didn't understand...
    Is it possible to switch to EB2 if my company already applyed for LC as EB3? Or I need to start with LC processing again - it means that I loose a year for LC processing, right?



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  • redcard
    11-07 12:27 PM
    Hi,

    My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.


    Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...





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  • sweet_jungle
    12-29 09:52 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney


    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.





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  • go_guy123
    09-13 02:33 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?

    You can always fight....so long u have cash to burn.





    bigboy007
    07-10 07:13 AM
    The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.





    eastindia
    04-26 02:14 PM
    Why did we all come to USA?

    Did any of you knew the Green card problems when you came?

    Did you know the problems when you applied for greencard many years ago?

    When was the first time you found out there was a ling wait period and so many problems?



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