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sneha.shah
05-05 12:55 PM
Hello,

I am planning to file H1 petition through a sponsor . I am having questions for h1 duration and initial h1 approval time, here is my details :
I am on L1 right now and my L1 stay in US is :
Apr'07 - Dec'07 - 9 months
Jan'08 - Mar'09 - Was in india
Mar'09 - till date - ~13 months.
Now my questions are :
1) If I apply for h1, how much time I can stay on h1 considering L1 stay as well ?
2) How much time initially h1 could be approved before doing h1 extension for another 3 years ?

I would appreciate your help, Thanks in advance.
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jonty_11
02-06 02:20 PM
u can retain PD only if u have Labor and I140 approved from Old Company.
When u file I-140 with new company - u dislcose intent to retain old PD as u submit copy of approved I-140 (u got with old Comapny)
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nk2
07-20 09:14 PM
e-file your i-140, then you have 7 business days to send in your supporting documents (receipt notice is generated immediately from your printer). I-485 can be filed before August 17
I have read somewhere that e-filed 140s are processed by TSC [which is a good thing for me because I have heard that TSC is lenient with cases like mine - 3 year degree ]
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rajnag21
07-05 05:12 PM
Hi Almond and dilbert_Cal,
I am in my seventh year of h1. I applied for one year extension.Not granted yet.
So do I have to wait to get the extension approved ? Can I get my 140 approval and re-appy for 3 year extension and then make the move ?

I am really grateful for that bit of info previously.
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h1b_forever
06-24 02:39 PM
I would think just G-325, no reason to send the whole package again.
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narasimha.cse@gmail.com
11-20 08:25 PM
Thanks a lot for your suggestion,

Can you please brief me out regarding the procedure . I know this sounds very basics but I am pretty new to the country and the procedures .

Hope you understand ,

Thanks in advance,
Narasimha
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radhagd
04-11 02:23 PM
Hi,

I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.

Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!

radhagd
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chi_shark
07-29 04:11 PM
yes! thats what ac21 is for...

in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.

485 : Pending
140- Approved in year 2006
Current status: Working on EAD

I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>

Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)

Now got rolled out from project and no paycheck form since june 2009

and Now found a project but the vendor wont do corp-to-corp..but only W2...

THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??

Appreciate your ideas.. thanks lot
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Blog Feeds
08-26 07:30 PM
Great Analysis from AILA to share with our readers. PL 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) and $2,250 for certain L-1A (http://www.h1b.biz/lawyer-attorney-1137416.html) and L-1B petitions postmarked on or after August 14, 2010. Petitioners subject to this new fee include employers with more than 50 employees in the U.S., for which 50% of their workforce is on H and L visas. The fee will remain in effect through September 30, 2014.

USCIS indicated that Vermont Service Center and California Service Center were instructed to hold any H or L petitions sent after that date, pending guidance on how to determine whether the petitioner is subject to the new fee. USCIS will be modifying the I-129 or H-1B Data Collection Form to include information on whether this fee applies.

In the interim, USCIS suggested that petitioners could proactively include a �certification� regarding the fee, including a notation of whether the fee is required in bold capital letters at the top of the cover letter. The sample certification that the petitioner is not obligated to pay the fee would be:

�[Name of employer] has over [insert total US employees] employees in the United States, of whom fewer than [insert number or percent] are H-1B or L nonimmigrants. As such, [name of employer] is not subject to the additional fees required under PL 111-230.�

We will update our readers as we receive more guidance on this new change.




More... (http://www.visalawyerblog.com/2010/08/h1b_visa_attorney_understandin.html)
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tempgc
09-25 12:38 PM
Can an AILA member post contents of this doc.

# 9/24/2009 DOS Provides Background on Visa Allocation Process
As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.

AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)
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kernel_flash
03-29 04:31 AM
Here's is another one, featuring my desktop !!
http://img530.imageshack.us/img530/6798/mystamp12ep.jpg (http://imageshack.us)
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rajsand
10-07 10:10 AM
I am also on the same boat.For me and my wife we only I-765 recipts only and the rest are not there.Checks are also encahsed only for this.I am not sure what is is the logic and which one will follow is it 485 then rest .
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USABrightFuture
03-01 11:19 AM
I applied for H1b visa transferred in Nov 08 inspite of not having recent pay stubs. After applying transfer, I started working for new employer.
Last week I got query from USCIS asking my latest pay stubs (Oct 08) and yesterday I got Laid off from my new job after working for 4 months (till Feb 09).

My husband is on L1B visa.
In my case
1. Shall I consider transferring to L2? for this do I need to go to my home country (India) for L2 stamp?
2. If COS to L2 is approved, Can I work on my old H1B again if I find an employer who is ready for transfer?
3. If I travel to my home country(India), will my H1B visa be cancelled? as currently i don't have any H1B approval.
4. Whether the Request For Evidence(REF) on my H1B transfer will have any implication on L2 stamping?

Please help ..
Regards ...
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indyanguy
11-19 08:46 PM
In most of the job boards, we see the following employment types:

1. Full Time (this I understand :))
2. Contract - Corp 2 Corp
3. Contract - Independent
4. Contract - W2
5. Contract to Hire - Corp 2 Corp/W2/Independent.

Can someone explain to me what these mean?

What are the differences with taxation perspective?

For someone on EAD, (for AC21), which employment type(s) are preferred?

Thanks!
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bskrishna
02-16 03:34 PM
I do not know if this has been posted on this forum..
But some of the testimonials are interesting for Students & STEM based EB applicants..

This is from Immigration-law:

02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008

The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
Purpose and Summary of the Subject
Testimonies of Witnesses:
:: Opening Statements by Rep. Brian Baird
:: Witness Statements ::
Mr. Tony Edson
Ms. Catheryn Cotten
Dr. Harvey Fineberg
Dr. Allan E. Goodman
Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.


Link to the congressional comittee website..

http://science.house.gov/publications/hearings_markups_details.aspx?NewsID=2064
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Hong12
12-16 01:36 AM
I just talked to my lawyer again, and he told me that I�m overreacting! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything. Could you please advise what to do? Pls help. Thank you very much.
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sriforyou
10-07 10:55 AM
Thanks for your reply.

Is there any way that i can start working immeadiatly after getting the approval (May 2010), like Premium processing or COS immeadiatly ?

Thanks,
-Srinivas
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desixp
05-31 10:32 AM
Hi,

Recently, I have used AP for my travel from IAD. I was sponsored by company A and I am working for company B on EAD. At POE the CBP officer asked me if I am still working for Company who sponsored my GC. I said no. I told them I work for Company B. They just listened and let me in.

The other question that they asked me how long was my stay outside US. I was not sure why they asked that question.

Hope this helps.

DesiXP
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kirupa
10-27 11:59 PM
Hi Yaasir!
Right now, your Silverlight 2 project is set as your startup project. Set your Web Site as the startup project with the Loading_ImagesTutorial.html file as your startup page.

That should get everything working properly :)

Cheers!
Kirupa
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Pasquale
04-01 12:19 AM
THo funnnyy
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pani_6
03-19 02:10 PM
I called Kennedy's office regarding the CIRCUS bill getting introduced..and I got cut off..due to phone problems..could you guy try?..
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