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saurav_4096

04-12 09:38 AM

Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.

I am not sure what should I be doing in this situation:

If I reply with all facts this might effect my pending H1B status for new employer.


If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]

I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

Thanks
Saurav

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fromnaija

12-02 08:14 PM

>>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<

I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.

H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.

So, if you do not want to change to F1, your strategy could be a combination of the following:
start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.

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waitnwatch

04-06 10:41 PM

the bill looks as good as dead unless there is a miracle overnight

http://today.reuters.com/investing/financeArticle.aspx?type=bondsNews&storyID=2006-04-07T031746Z_01_N06381163_RTRIDST_0_USA-IMMIGRATION-UPDATE-4.XML

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Green.Tech

09-16 03:37 PM

Will call the rest during my next break :)

Thanks abqguy!

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ivar

02-07 09:43 AM

Congrats ivar - you are now a free man!!

My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.

GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.

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go_gc_way

06-01 04:28 PM

Thanks Admin for looking in to the question.

When I voted, It looked like to me that poll is started by IV, but not.

Though I like the idea of Quickness of a separate bill .. I appreciate how many steps / time / lobbying that would be required for such a step , after having followed the Forum for a long time.

I think , my self , I am not very sticky to such an idea.

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vsc

01-31 06:31 PM

hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?

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Madhuri

04-08 07:24 PM

Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

Anybody in the same situation?

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trueguy

04-27 06:44 PM

USCIS has different definitions of Backlog so don't make any high hopes out of it.

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Libra

08-10 02:58 PM

thanks another_one

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LostInGCProcess

09-18 05:18 PM

Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

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Jun 18 2010 11:06 PM

ash27

06-06 10:36 PM

I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..

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SSSarkar

12-11 09:29 AM

Automatic revalidation for getting new visa in USA was stopped in 2004. But I suppose automatic revalidation for I-94 while coming from Canada/Mexico is not stopped yet. I may be wrong but check it by yourself the latest rule from US department of state through the link here.

http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html


Guys,

My understanding was that automatic revalidation was stopped a few years ago?

I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.

Do check thoroughly before travelling on an expired visa.

Take Care

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Lasantha

01-31 02:16 PM

I am no expert but I think you are OK because of this phrase in your Labor.

Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.

But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com


Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


Column 14
Education

Grade School : 8 years
High School : 4 years
College : 4 years

College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*

Column 15

Travel and/or relocation required

*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

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rvanet

06-05 05:10 AM

Soul... That's TERRIBLE!!! golgi... yours is very annoying! :ninja:

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gcnirvana

03-30 03:36 PM

You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!

All,

I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?

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newbie2020

05-18 08:01 PM

We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so

Contacting the authors and seeking their support will surely benefit us,

What do u guys think?

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jthomas

04-22 01:30 PM

1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.

Thanks
Jthomas

Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

Please suggest. Thanks

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franklin

07-13 08:38 PM

how many ppl are gonna be there? It must be very hot wearing a suit.

We don't really know at this point. It could be 150, it could be 1000!

It's pretty exciting!

Based on today's weather in SF, it'll be a scorcher tomorrow in SJ

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a_yaja

07-30 03:43 PM

If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.

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GCAmigo

01-02 03:20 PM

>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


I got stamped in July-06 while my existing stamp was valid up to 12/31/06..

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