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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.

    Not a legal advice.
    US citizen of Indian origin

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  • dionysus
    01-28 08:31 PM
    I just applied for a PIO card for my daughter. I did not even know that there was any other option available.

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  • siddar
    09-15 11:12 AM
    USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.

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  • varadan73
    12-12 01:00 PM
    What if i leave it just like that?


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  • David C
    August 16th, 2005, 06:46 PM
    Gary, you never happened to mention if you reached any conclusions regarding optimal workflows for the processing of white flowers etc??

    Why 61,000 Visa Recapture Exclusively for Nurses is bad for EB3 IT guys [Archive] - Immigration Voice

    View Full Version : Why 61,000 Visa Recapture Exclusively for Nurses is bad for EB3 IT guys

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  • gsc999
    09-12 07:21 PM
    Let's redefine:

    "laziness" = DOL
    "stupidity" = USCIS
    Please reconsider language of your posts and your bottom line too.
    Most IV members may not subscribe to such harsh views



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  • hyderabad123
    04-27 08:08 AM
    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.


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  • uma001
    04-22 03:38 PM
    Thanks a lot for the response.

    My extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years(2010 to 2013)
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approved Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.


    Congrats hpk. Looks like USCIS started giving approvals for 3 years instead of 1 year


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  • return_to_india
    10-04 11:07 AM
    Just landed from India to the states with permanent residency and i got asked all the stupid questions you can imagine, atleast the immigration officer gave me some good amusement after a long trip

    One of the most intelligent questions is this

    How do you get money to buy a plance ticket if you were in india for few months

    What all other questions, like "Are you still working for the GC sponsored employer" ?

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  • somegchuh
    10-31 05:26 PM
    Thanks everyone for the input. Does anyone know if they issue the renewed EAD starting at the end of the current EAD or does the renewed EAD start on the day the case gets updated? If the answer is latter then I don't want to bother pushing the lawyer (not that they care anyways ;-)

    my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.


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  • qualified_trash
    12-15 01:48 PM
    My lawyer had the following lines on this issue:

    However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.

    It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.

    that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.

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  • gcisadawg
    08-11 04:14 PM

    done. EB3-I Oct 2003


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  • ashkam
    06-25 11:35 AM
    The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

    Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.

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  • centaur
    03-28 05:46 PM
    An employer can file your GC with "an intention to employ", irrespective of visa status

    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.


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  • uma001
    09-08 03:22 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Green card dream is over. Now it's the time to get back to India or other countries.

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  • americandesi
    10-21 07:41 PM
    Refer and search for "Multiple I-485 Filings Not Advisable"


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  • gparr
    July 27th, 2005, 06:25 PM
    Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.

    Ask and you shall receive. It's a 40 MB monster file. I took the RAW file and ran it through the PSCS RAW converter without altering it in any way, then saved as a psd file. Hope it's what you need.

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    09-04 01:01 PM
    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

    FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean

    PD EB3 Aug 2002
    FP Done: Aug 30 ,2007
    EAD :15 Aug 2007
    LUD 485 : 31Aug 2007

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  • sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent ( exists, it just gets confusing, that is all.

    04-26 01:11 AM
    -When do I have to raise Ac21?
    - with H1 transfer or after or is it not required legally?
    u can use AC21 in 2 ways.
    one -change employer with ur H1b
    two -change employer with EAD if you have one.
    EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
    If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.

    - Is it safe to transfer H1 (after 180days) without AC21?
    - How will it affect my 485?
    I dont think there is such a thing.
    -What are the docs to be collected from old employer?
    -Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
    Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)

    02-12 02:08 AM
    When I had posted a similar concept a few months back in this site I was ridiculed and called a madman...but now I see appreciation from the same people about a similar idea.

    Well no bitter feeling about this but just wanted to highlight the fact that Indians in general offer the most resistance to a new idea specially if it comes from someone of their own.

    We get what we deserve..:)

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