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  • AZ_GC
    08-28 04:45 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.

    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21




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  • reedandbamboo
    08-29 12:54 PM
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  • amsgc
    01-31 09:47 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?


    I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?

    I am still waiting for it to show the availablity. But I got HDFC receipt from India.

    Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??

    Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????

    Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p




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  • kshitijnt
    07-17 12:44 PM
    I am pretty happy with this result. USCIS must be held accountable to a reasonable extent. We are not paying their retirement plans for free with endless pockets.



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  • yagw
    03-30 12:25 PM
    According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.

    Your profile shows your PD DEC. 2005.
    How you got the GC, when the PD is not current?
    If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.

    Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
    (btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)




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  • NELLAIKUMAR
    08-14 11:20 PM
    I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.



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  • riva2005
    05-21 01:40 PM
    Immigration in United States is a soveriegn issue of this country and foriegn governments cannot do anything about it. In fact, it would be offensive for Indian Govt to advice US congress to do something regarding immigration.

    Kamalnath, India's commerce minister tried to meddle in British Parliament when they changed visa rules for Indian Doctors. The British Parliament warned him and asked him to BACK OFF.

    Immigration is not a trade issue. There is not deal between 2 nations on immigration. We are not talking about crude oil or soybeans trading.

    Please end this discussion here. It looks really naive of us to even think like this.




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  • chandupatla
    02-25 02:23 PM
    Hi..I am in Rockville...Let me know what is ESSEX tell me the details.



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  • MerciesOfInjustices
    03-08 09:35 PM
    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
    There is no posted transcript yet on the Website - how did it go?




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  • ash0210
    09-08 08:01 PM
    Interesting thread but NO Radio Button to vote...


    Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.



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  • grupak
    09-09 11:38 AM
    Numbersusa claims it is being voted tomorrow. They are making calls against it.

    Let us all call for it, and push the bill forward.

    Pick up the phone. Will take just 20 mins of your time.




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  • looivy
    05-20 06:13 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    IV should have members of congress on our side appeal on our behalf.



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  • vkmm
    08-07 02:58 PM
    You should be able to do your landing and H1 stamping with no problem.

    I have done the same last year. Process is very smooth and of course not dependent on each other.




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  • saloni
    04-17 07:44 PM
    Thanks virtual55.
    AS PER THE ADDENDUM II
    In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
    However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
    AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.

    I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.



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  • nogc_noproblem
    07-11 01:36 PM
    Nope, just being 'current' doesn't mean everybody will get their GC.

    PD movement temporary, Retro permanent.

    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...




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  • webm
    08-27 02:42 PM
    What was the cause for H1B rejection??



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  • bharad
    08-11 11:07 AM
    We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005




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  • srinivas_o
    08-24 12:01 AM
    What do you mean by your post "Msg deleted"?

    Msg deleted




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  • masti_Gai
    11-16 01:34 PM
    Yep u need the original I H1 petition from the company for which u r working rite now. For the rest just a copy would suffice. The I-94 which is a part of ur H1 petition form Company C is very much required. You need to return that while u go out of US.
    When you enter US anyways u will get another one.

    Have a nice vacatioin:D




    Fugu
    01-11 03:02 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.

    Thank you for your reply.

    The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.

    Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.

    I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.

    Thanks




    chanduv23
    11-07 04:55 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......

    But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????



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