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visafreedom

07-03 11:39 AM

Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...

Dont tell me you never take vacation ;-) If that is true, I will hire you.

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Hinglish

01-07 09:21 PM

Hello miss neha ,

Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

Regards
Hinglish

I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

I applied for H1-B in FY 2008 under master quota from a small consulting company B.

My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?


Thanks,
Neha

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ita

01-16 12:05 PM

While on EAD-AC21 do you know if they compare the salary mentioned on offer letter or the acual W2 amount or is it both to check if it is close to what is mentioned on LC?
Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?

Appreciate your advice on this

Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.

Thank you.

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stueym

07-08 04:21 PM

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Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)

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mani_r1

07-11 04:03 PM

When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.

Thanks

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bkn96

02-09 09:19 PM

Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

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JA1HIND

09-02 01:10 PM

I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.

Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...

If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?

I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.

Just a thought!!

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antihero

11-26 01:15 PM

You won't have any issue with Indian Emigration officials in India. They are well aware of advanced parole as a means of entry to US.

Thanks for encouraging words. So can you confirm that the reentry to US does not require any other visa if one is carrying I-485 receipt and AP?

Also, can somebody who traveled in such a share the experience with me?

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snathan

04-01 03:18 PM

Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.

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ziggy7bs

03-18 12:23 PM

I am having the same problem. i did not know about the 180 days rule until my LC had expired. what did your lawyer tell u to do? did he call uscis to explain? did he call DOL to see if they could extended the LC? please reply to this. i am going to lose my PD of 020106 if i can"t get them to accept the LC.

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Student with no hopes

01-24 09:49 AM

http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartII.pdf

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aarzoo

02-02 06:33 PM

@clockwork: Can you suggest some good lawyer(s).

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joydiptac

11-18 05:52 PM

Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.

Hi,

Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.

Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.

All the best,

JC

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neha_garg123

01-08 07:22 PM

I rue for the big "premium" company that has hired a "premium" MBA graduate that cracks under pressure. A Satyam waiting to happen I guess ... best of luck


Thanks a lot Hinglish. Btw are you really sad or just a pessimist? Anyways I pity u!!

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jonty_11

07-05 12:46 PM

Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
How about the fact that it was related to CIR to shut up the Legals asking for Ammendments in CIR, ,,,,as CIR fell apart, they took away our bait too.....
It seems too simple, but only makes sense...
Remember this has never happenned before in the history of VBs

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bkarnik

05-01 01:29 PM

Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).

No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.

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eb3retro

08-06 11:36 AM

Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.


congrats, ur online profile does not say if u r eb2 or 3 and whats ur PD ?

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GCSOON-Ihope

11-05 10:35 PM

When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
Your new H1 will be exempted from the quota, hence called "non-cap".

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Ramba

04-22 02:19 PM

My lawyer got the RFE notice yesterday....

My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

Please reply with your thoughts.

Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.

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ushkand

10-09 12:11 PM

can she move from H1 to EAD immediately?
Yes

what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all

Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.

Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.

Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?


You can always keep your company "open". You don't lose anything if you just have a DBA.

Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.

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apb

04-04 01:30 PM

1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

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