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GC Struggle
04-21 10:44 AM
As long as you are matching the wage on teh LC you should be ok
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GCWhru
09-21 09:19 PM
Case received and Pending is a usual status when case is pending.

Sometimes status still remains pending even after case is processed. Also it doesn't mean that you should receive approval since your processing date is with in normal processing time, it may take one or two months more too.
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Ram_C
11-02 05:49 PM
Here's a sticky question - and appreciate "expert" advise on the matter:

My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485

My question:
1. Can I work on my EAD either for company A or any other company?

Yes, you can work for any company, but with similar job description mentioned in your LC

2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
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thakkarbhav
01-20 02:14 PM
You can donate one H1B to someone who needs it...just kidding..your both H1Bs are valid.
No need to update company2 about the extension.
When you go for stamping then carry necessary papers for compnay2...simply forget about compnay1. Thanks.
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GCBoy786
06-28 09:34 PM
The I-131 instructions does provide only the P.O. Box address. I believe FedEx doesn't deliver to P.O. box address.

Can I have both I-765 and and I-131 forms in the same envelope and mail it to
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
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NolaIndian32
02-14 01:03 PM
Hi Louisiana,

How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).

What's the next step?
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ranand00
07-13 02:20 PM
Hi

Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks

anand
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apb
03-31 07:03 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
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theMan
01-14 12:17 PM
No issues on both fronts as long as you have adhered to the terms and conditions while obtaining the Canadian Visa. I had similar circumstances in the recent past.
A factor to consider is the unpredictable time spent at the secondary inspection when returning. I am not sure how that will work when you drive across the border.
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sparky_jones
06-02 10:27 AM
My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.

I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
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IV2007
04-02 12:53 PM
Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.

Then can I have mulitple jobs, say I start a company, or work for others as well ?
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martinvisalaw
10-12 04:56 PM
Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.
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mrsr
08-10 10:06 PM
I buy your words, I think they are working half day on saturdays
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GotGC??
02-25 08:30 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
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royu
07-23 04:44 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
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ruchi555
03-02 01:40 AM
Hi Gurus,
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
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AllIzzWell
03-22 10:01 AM
Vijaysammeta,

I am using the regular link that is on the website. The below is the link.

The DS-160 is located at http://ceac.state.gov/genniv/

can anyone please confirm that we can fill the DS160 without the photograph? The application allowed me to fill in the app without photograph. Moreover I have booked an appointment for my wife's visa stamping.

Thanks
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Brightsider
10-05 09:29 PM
My cousin was able to get it same day.
Drop everything and visit the local/nearest office as soon as you can.
The guys there are usually very sympathetic in such cases.

Best of luck
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gc_check
11-26 05:24 PM
Folks,

Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.

Folks, please share your experience on this.

Sorry for the new thread, if this had been discussed on other threads as well.

Thanks,
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sunny1000
07-01 04:14 PM
Hello,

I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.

I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.

The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.

Your response is greatly appreciated.

Thanks!

Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).

Now, if your H1B gets denied, God forbid, you have 10 days to leave.

I wish you good luck.
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ameryki
03-17 04:53 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
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