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  • Leo07
    06-15 10:53 AM
    Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
    1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
    2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
    3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.

    H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.

    H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...

    Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.

    Best of Luck!


    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.




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  • piyu7444
    07-22 05:57 PM
    Anyone who has H1B extension and AP and EAD ....it is better to have H1B stamped on passport and use the same to enter US....do not listen to others....

    It is up to you if you entend to use H1B stamp or AP....the POE officer cannot force you to use AP or H1B stamp...carry all the documents with you.

    THe best thing about getting H1B stamped is that in case of 485 rejection you can still be on H1B and file for reopening your case. Peace of mind is the key here

    Apart from peace of mind is there any other advantage to be on h status?


    If I only have AP and no h1b stamp then is there any harm in entering using AP and then continue working on h1b (informing the employer) ?

    I am not scared of the situation -''what happens if GC is denied'' but still would want a h stamp as AP is a lot of hassle.




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  • jsb
    11-05 03:24 PM
    Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)

    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf




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  • belmontboy
    01-12 06:05 PM
    Its official - "FloridaSun is a moron"!



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  • vandanaverdia
    10-30 11:39 AM
    bump




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  • hpandey
    06-16 01:44 PM
    How long has it been that you filed for I-140 ? Has it been approved yet.

    I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.



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  • dogking
    03-20 12:23 PM
    Does anyone know the time frame of WISH and Talent bill?




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  • chantu
    06-20 02:48 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks

    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.



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  • anilsal
    12-19 10:29 AM
    Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?

    If we are persistent, maybe he will want to get the bill cleared successfully.




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  • capriol
    09-17 08:11 PM
    Hello all,

    I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

    Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

    Should I call USCIS or wait?

    Any suggestions are welcomed...

    Thanks.

    Dear Apahilaj:
    You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.

    I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?

    I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.



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  • Queen Josephine
    May 25th, 2005, 09:45 PM
    You also might try a less busy background - the stripes are a little distracting. You could fuzz them with a wider aperture (a 50mm f/1.8 is cheap and good for portraits or when out shooting random subjects). Have you tried converting this one to B&W? Sometimes that's more pleasing with high contrast.

    Agree with Cox about the background.... I kept thinking that what thing in the upper right corner was a hat!




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  • eb3India
    07-05 12:35 PM
    I agree with you 100% but be sure nothing is going to change three months will in a blink of time and dates will be current or will advance for good number of years. so IV memeberw will get busy filing again and forget IV, look at fund driving effort and see how low it has been



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  • H1Girl
    05-08 02:30 AM
    Hi,

    ...

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob

    Yes soft update on 05/04 (TSC). No status change or anything...




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  • xbohdpukc
    03-26 04:18 PM
    I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!

    Everyone's got his/her own circumstances which are so beyond how much you are making. Just a matter of personal priorities which for me, for instance, were to pay my lawyers bills until the moment my employer stepped in and picked up the tab :) The point is if someone's making 100K/annum and says that he can't spare $20 for IV needs -- he/she got different priorities which are not necessarily wrong.



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  • vasa
    07-13 11:55 PM
    done, it shows 2038 signatures now...

    keep doing this folks.. we need a multi-pronged approach...

    let there be "shock and awe"




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  • resident1374
    01-26 08:04 PM
    I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?

    Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".

    I traveled to Canada on my company�s H1B.

    The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.

    The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.

    He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)

    He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.

    Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?

    Any suggestions?

    Thanks!



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  • looneytunezez
    02-04 11:00 AM
    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.

    i dont think spill over rules state that it can be applied to any specific country of chargeability.
    It is applied on PD basis, so if PD for EB2-China is before EB2-India applicants, they will get the spillover. But the fact that # of applicants in EB2-C are lower than Eb2-I, EB2-I should get more beneficial spill as long as its done horizontally and not vertically.

    Based on my understanding, i agree that they will apply spillover in Q4 (in theory).




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  • abracadabra
    07-06 11:38 AM
    There are about Six theards on washington Post going on currently, the ask question, till someone picks up Thanks




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  • HawaldarNaik
    12-17 04:42 PM
    Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....




    hopelessGC
    08-18 04:26 PM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.

    This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.

    I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.

    AR-11 is mandatory so please file it.




    transpass
    07-22 11:16 PM
    You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

    As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.



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