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  • Bimmer740i
    07-26 02:10 PM
    My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

    I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?





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  • diptam
    07-01 03:21 PM
    The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.

    Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.

    Push your employer - why they are called sponsors in H1 based immigration system ?

    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:





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  • sathishav
    02-25 10:23 AM
    Guys,

    Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?

    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.





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  • hemtir
    06-24 09:43 PM
    Hi Augustus,
    Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.

    Please cross check with the doctor on this before reaching any conclusion.

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.



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  • delhirocks
    07-05 01:10 PM
    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........

    This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.





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  • gcdreamer05
    12-02 10:31 AM
    Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.

    Bottom line, USCIS=random!


    Could you please share how you filed SR, my h1 extn is pending for 92 days.



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  • ajay
    03-23 02:46 PM
    If your employer is a 'good' person s/he might be of help to you in this regard. LLC also may be an option that you can try with. Let others also explore some possibilities for you.


    Good Luck in your website.





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  • Devils_Advocate
    03-20 05:29 PM
    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    This actually clears alot of doubts people had regarding the whole extension/COS question.



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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!





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  • dilvahabilyeha
    06-18 02:24 PM
    Hi friends,
    Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.

    ------------------Here is the lawyer email---------------------

    As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
    1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/i-485.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    2. Form G-325, Biographic Information. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/g-325a.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
    http://travel.state.gov/passport/guide/composition/composition_874.html

    4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.

    5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.

    6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

    The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
    Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

    Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.

    7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.

    8. Employment Verification Letter. I will forward a format for this letter to your employer.

    ---------------------------------------------------------------



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  • sri@180
    02-08 08:12 AM
    Who are comming from USA ,did have particular consulate to attend.





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  • agv
    03-19 11:45 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.



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  • waitin_toolong
    11-21 09:43 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.





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  • das0
    03-09 01:54 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    Please advise. Much appreciated - thanks



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  • ak_2006
    07-08 04:38 PM
    If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.





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  • roseball
    11-26 05:28 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil

    As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....



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  • bigboy007
    11-21 02:07 AM
    You can call UK consulate and ask them for this information. They have a paid phone service (~2 dollars per minute) available. If you do not mind me asking, why are you going through the pain of getting a transit visa?
    they advice atleast 4-6 weeks even though avg processing time is 10 business days, you may email them its better than paying for same info





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  • srikondoji
    08-10 11:43 AM
    >>This is true. That said, if you transfer from one office/department to >>another office/department within the same employer, you can count the 5 >>years experience as long as these two offices/departments are using two >>different Tax Id for your W-2. This is what our lawyers told us.

    Wow. This is news to me?
    How can an employee get two different tax-ids if he is shifting departments and still is in same country?

    Thanks for the info. This piece of info few months ago would have made my life.





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  • skalra
    03-19 11:06 PM
    If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.

    I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.





    martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.





    texasguy
    06-13 11:58 AM
    Thank you all for your prompt reply.

    We have the police report and I filed e-filed I-90 replacement application.
    Hopefully, this situation does not happen to anyone.

    Thank you all once again.



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