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  • glus
    01-30 09:10 AM
    Wow...wait a minute here.

    He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.

    First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.

    Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.

    Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.

    Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.

    G





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  • apahilaj
    09-12 03:25 PM
    thanks guys,

    I'll wait this week and will give them a call next week.





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  • ujjvalkoul
    03-05 01:23 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???





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  • bluez25
    07-22 06:03 PM
    Tinku,

    How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...



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  • gc_chahiye
    11-29 03:33 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

    But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

    Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

    and This how each year of transcripts look like

    Physics1
    Maths1
    Geology1

    Physics2
    Maths2
    Geology2

    Physics3
    Maths3
    Maths4
    Geology3

    I don't know how can he miss Maths from this.


    Does any one else heard/faced a similar issue in the past.

    What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...





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  • Robert Kumar
    03-17 11:19 AM
    Any recent experiences please.
    How easy or difficult is it.

    Is it any different in Chennai or in Hyd.

    I heard different things like some employer memo or something. Is it related to stamping.
    If it is, please share your receent stamping experiences.

    Is Canada better.,

    Thank you
    Bobby.



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  • lonedesi
    10-20 03:27 PM
    Thank you guys for all your responses. Appreciate you letting me know your experience in this regard.





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  • browncow
    06-06 02:04 PM
    Saturn has plants to produce cars, BUT NO TECHNOLOGY OF THEIR OWN. NO R&D.

    Saturn sells rebranded-rebadged OPEL (GM - EUROPE, now sold to Magna) Vehicles.

    While Jaguar and Land Rover are very strong brands with their own technologies and research & design capabilities. Besides Tata bought those brands when Rupee was historically high (below 40 per USD). So I don't think Tata made any mistakes.

    I think it is Mahindra who is making mistake by not buying Hummer or Volvo or Saturn. I am very excited to see first Indian Vehicle to be sold in US i.e. Mahindra in 2009. No matter what, I will be the first to buy one.

    Mahindra has been selling farm vehicles, tractors and stuff, in the USA for quite some time now. I doubt if you want to buy a tractor.



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  • vparam
    02-21 09:42 AM
    S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007





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  • karthkc
    03-18 11:24 AM
    How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.

    Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...

    Without knowing anything else, I would not venture an opinion.

    rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?

    Also, is your GC sponsoring employer the same as ABC?



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  • addsf345
    12-31 11:58 AM
    I got it.

    Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?

    I am going to file AC21, haven't done yet. My lawyer was more inclined towards going with EAD rather than H1 transfer in first place. I am still in negotiations with the new employer.

    what additional documents do we need to submit to new employer while requesting H1 transfer? I assume copy of I-140 is needed. What did you do to make sure your new job is in similar category?





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  • Sri_
    11-09 06:48 PM
    My check was cashed on 08/31. Based on the receipt numbers on the back of the check, online status shows that receipts were mailed on 08/31, but I haven't received till date. On 10/01, I called customer service and made them create service request. No progress so far. I am planning to call sometime next week and find the status of the service request.

    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    Thanks



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  • snathan
    04-13 01:29 PM
    Hello IV Freinds,

    I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.

    I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.

    Good luck to all IV members who are still awaiting for good day to come.

    Thanks,

    Conguratulations...do you consider to donate anything to IV...





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  • acecupid
    06-15 12:46 PM
    Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.



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  • geniousatwork
    04-13 03:26 PM
    Congratulations....Hope we have more approvals.





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  • hebbar77
    08-13 01:09 PM
    Hi,
    I have same case.
    X:EB2-I-140-PD DEC 2004 approved JAN 2008
    Y: EB2-I-140-PD DEC 2007 approved July 2007

    485 filed on Jul2 2007 with Y I-140

    On aug 1st lawyer sent a request to USCIS to process the I-485 with X-140 PD.

    Still no LUD on I-485/I-140...
    Anyone knows how long it takes for such cases?



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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.





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  • gcgreen
    07-17 03:59 PM
    165/hr is peanuts man. lawyers are EXPENSIVE. period.

    Isn't $165/hour a steep rate?





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  • santosh19
    01-23 02:07 PM
    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy

    If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(





    miamikk
    10-22 11:40 PM
    I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.

    I have couple of questions:

    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    I really appreciate any suggestions.





    kanshul
    05-07 08:56 PM
    I used AC21 3 months ago and filled the paperwork with USCIS. No RFE yet but I would not care if I get an RFE as well...

    I think it is best to notify USCIS. I hired Murthy and I don't think they are doing this just to get money. If your case gets messed u say 3-4 yeare later and you end up taking UCSIS in court then this paperwork (which USCIS will most probably do nothing with) will be very helpful.



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