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  • braindrain
    06-03 12:19 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.


    I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.

    Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.





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  • Winner
    06-18 03:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)





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  • vjmjaan
    04-15 09:17 PM
    I found the ticket prices are comparable. The food was good. Not too much layover
    and very good service.

    They are very courteous and helpful in air and at Seoul airport.





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  • bunan
    01-07 02:47 PM
    The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.


    Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.



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  • Junky
    09-22 03:20 PM
    Just gave you green
    44 Red dots for requesting people to call :mad:





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  • GCBoy786
    09-13 09:23 AM
    Congrats! vempati...

    Guys, any update on receipts whose I-140 is approved at NSC and (R.MICKELS, 9:01, July 2nd)... I am still waiting on mine...



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  • glus
    01-20 05:04 PM
    Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!


    It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.

    G





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  • werc
    03-26 04:29 PM
    Its my understanding that you are not subject to the H1 B cap if you had a H1B in the last 6 years. This is as per the AC21 provisions.



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  • roseball
    07-18 03:21 AM
    Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....





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  • sapota
    10-18 06:04 PM
    For them

    immigration = "amnesty"

    :D

    Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.



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  • Gravitation
    06-15 12:41 PM
    I have edited the poll to add that option. Literally.

    Thanks Logiclife!





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  • looivy
    10-06 02:07 AM
    Hi IV Team,

    Excellent job building up this team of notable advisors.

    Thanks.



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  • ivgclive
    10-29 01:53 PM
    Because,

    You have been threatened
    You have been fired
    You have been unemployed...
    ...You want to try something against them. But what are we trying to prove?

    Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.

    If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.

    If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.

    In few days, the urge will go away.

    You will realise that your new job is much better than the one you left. Just enjoy.

    You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.

    Good luck with your new job.

    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.





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  • reddy77
    10-05 03:26 PM
    Even I am in the same Boat, but i believe we do not have to worry about this, this is what I found it in murthy.com when I googled for it couple of weeks back ..

    If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application

    The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.

    In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number

    http://www.murthy.com/news/UDmaepis.html



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  • ajay_hyd
    06-21 02:50 PM
    bob, i had no RFE's on my case.





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  • rbharol
    08-23 04:50 PM
    Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.

    be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.

    hmm no shootings now... I am venting my frustrations. You too can do.

    Look at the positive in your post too. People goto Himalayas to become Sanyasi.
    We are learning the virtue of patience here itself... ;) :D :cool:



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  • sidd_k2002
    02-11 07:46 PM
    eyeswe:
    Thanks for your detail explanation. I dont have any siblings in India, and i am an alone child. Regarding my savings, i have been a full time employee of the company for which i work since i was on my CPT and now as i am on my OPT. Now the question to me is that since i have about 16k dollars in my saving account right now, should i sponsor them based on my OPT or should i just remit all the amount back to india back into my fathers account, and ask him to self sponsor him.
    I have heard that the visa officer does ask you about the transactions that are fairly big and failry recent ones. Woudnt it create a further doubt if i transfer this savings back to my fathers account, and be in more problem.
    Please Guys , if you can share your advice here, it would be really helpful for me here. I really dont want my parents visa to get rejected the third time.
    Sidd





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  • intheyan
    09-30 03:10 PM
    Does we need to keep track of the period for our next FP or does the USCIS send as a letter every year to do our finger prints?





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  • tigerlibra
    09-28 04:31 PM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.





    chanduv23
    09-25 12:17 PM
    Thanks for the information logiclife. Being a low level mod myself, was a bit concerned, but now we have this information.





    finimits
    05-03 09:55 AM
    Hi Saji007,

    Really? That is very encouraging indeed.
    Even I have currently 5.5 years done on my H1B and looking to change soon.
    BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
    I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?



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