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  • texcan
    03-02 12:02 AM
    Hi,

    Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

    I already requested my ex-employer not to revoke my H1B.

    My questions are �

    1. How much time I will get to transfer my H1B ?
    2. What about my families H4 visa status ?
    3. If it is out of status issue , then what should me my immediate action ?

    Thanks in advance!

    There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.

    Now since you have already applied for transfer, it makes more sense to wait for result/approval.

    you family's h4 status is tied with your h1 status.

    IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.

    HTH and sorry to hear about layoff. Hope it will work out for you.




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  • Anysia
    02-26 11:22 PM
    To Texcan...the idea of looking for another state taht will accept BSPT is a good idea. Ill explore that solution. I appreciate that.

    I have already talked to a lawyer and a lot of possibilities are presented.
    1. File an appeal
    2. Go back to old employer...hope they'll take me back
    3. HAve me work under previous employer as contract to stay with my denied petitioner.

    I dont just hang around here..it pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!

    I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!




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  • navyug
    04-02 12:09 AM
    Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..

    You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.




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  • imh1b
    01-13 10:20 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

    Wow

    They can parse emails.

    Don't you think it is too hi-tech and a good futuristic idea?



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  • sobers
    02-09 08:58 AM
    Discussion about challenges in America�s immigration policies tends to focus on the millions of illegal immigrants. But the more pressing immigration problem facing the US today, writes Intel chairman Craig Barrett, is the dearth of high-skilled immigrants required to keep the US economy competitive. Due to tighter visa policies and a growth in opportunities elsewhere in the world, foreign students majoring in science and engineering at US universities are no longer staying to work after graduation in the large numbers that they once did. With the poor quality of science and math education at the primary and secondary levels in the US, the country cannot afford to lose any highly-skilled immigrants, particularly in key, technology-related disciplines. Along with across-the-board improvements in education, the US needs to find a way to attract enough new workers so that companies like Intel do not have to set up shop elsewhere.

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

    America Should Open Its Doors Wide to Foreign Talent

    Craig Barrett
    The Financial Times, 1 February 2006


    America is experiencing a profound immigration crisis but it is not about the 11m illegal immigrants currently exciting the press and politicians in Washington. The real crisis is that the US is closing its doors to immigrants with degrees in science, maths and engineering � the �best and brightest� from around the world who flock to the country for its educational and employment opportunities. These foreign-born knowledge workers are critically important to maintaining America�s technological competitiveness.


    This is not a new issue; the US has been partially dependent on foreign scientists and engineers to establish and maintain its technological leadership for several decades. After the second world war, an influx of German engineers bolstered our efforts in aviation and space research. During the 1960s and 1970s, a brain drain from western Europe supplemented our own production of talent. In the 1980s and 1990s, our ranks of scientists and engineers were swelled by Asian immigrants who came to study in our universities, then stayed to pursue professional careers.


    The US simply does not produce enough home-grown graduates in engineering and the hard sciences to meet our needs. Even during the high-tech revolution of the past two decades, when demand for employees with technical degrees was exploding, the number of students majoring in engineering in the US declined. Currently more than half the graduate students in engineering in the US are foreign born � until now, many of them have stayed on to seek employment. But this trend is changing rapidly.


    Because of security concerns and improved education in their own counties, it is increasingly difficult to get foreign students into our universities. Those who do complete their studies in the US are returning home in ever greater numbers because of visa issues or enhanced professional opportunities there. So while Congress debates how to stem the flood of illegal immigrants across our southern border, it is actually our policies on highly skilled immigration that may most negatively affect the American economy.


    The US does have a specified process for granting admission or permanent residency to foreign engineers and scientists. The H1-B visa programme sets a cap � currently at 65,000 � on the number of foreigners allowed to enter and work each year. But the programme is oversubscribed because the cap is insufficient to meet the demands of the knowledge-based US economy.


    The system does not grant automatic entry to all foreign students who study engineering and science at US universities. I have often said, only half in jest, that we should staple a green card to the diploma of every foreign student who graduates from an advanced technical degree programme here.

    At a time when we need more science and technology professionals, it makes no sense to invite foreign students to study at our universities, educate them partially at taxpayer expense and then tell them to go home and take the jobs those talents will create home with them.


    The current situation can only be described as a classic example of the law of unintended consequences. We need experienced and talented workers if our economy is to thrive. We have an immigration problem that remains intractable and, in an attempt to appear tough on illegal immigration, we over-control the employment-based legal immigration system. As a consequence, we keep many of the potentially most productive immigrants out of the country. If we had purposefully set out to design a system that would hobble our ability to be competitive, we could hardly do better than what we have today. Certainly in the post 9/11 world, security must always be a foremost concern. But that concern should not prevent us from having access to the highly skilled workers we need.


    Meanwhile, when it comes to training a skilled, home-grown workforce, the US is rapidly being left in the dust.

    A full half of China�s college graduates earn degrees in engineering, compared with only 5 per cent in the US. Even South Korea, with one-sixth the population of the US, graduates about the same number of engineers as American universities do. Part of this is due to the poor quality of our primary and secondary education, where US students typically fare poorly compared with their international counterparts in maths and science.


    In a global, knowledge-based economy, businesses will naturally gravitate to locations with a ready supply of knowledge-based workers. Intel is a US-based company and we are proud of the fact that we have hired almost 10,000 new US employees in the past four years. But the hard economic fact is that if we cannot find or attract the workers we need here, the company � like every other business � will go where the talent is located.


    We in the US have only two real choices: we can stand on the sidelines while countries such as India, China, and others dominate the game � and accept the consequent decline in our standard of living. Or we can decide to compete.


    Deciding to compete means reforming the appalling state of primary and secondary education, where low expectations have become institutionalised, and urgently expanding science education in colleges and universities � much as we did in the 1950s after the Soviet launch of Sputnik gave our nation a needed wake-up call.

    As a member of the National Academies Committee assigned by Congress to investigate this issue and propose solutions, I and the other members recommended that the government create 25,000 undergraduate and 5,000 graduate scholarships, each of $20,000 (�11,300), in technical fields, especially those determined to be in areas of urgent �national need�. Other recommendations included a tax credit for employers who make continuing education available for scientists and engineers, so that our workforce can keep pace with the rapid advance of scientific discovery, and a sustained national commitment to basic research.


    But we all realised that even an effective national effort in this area would not produce results quickly enough. That is why deciding to compete also means opening doors wider to foreigners with the kind of technical knowledge our businesses need. At a minimum the US should vastly increase the number of permanent visas for highly educated foreigners, streamline the process for those already working here and allow foreign students in the hard sciences and engineering to move directly to permanent resident status. Any country that wants to remain competitive has to start competing for the best minds in the world. Without that we may be unable to maintain economic leadership in the 21st century.




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  • map_boiler
    09-25 05:22 PM
    ...but could be due to unavailability of visa numbers for EB2-I in September. So even though the ported PD of Nov 2004 is current in September, the October visa bulletin has clarified that the EB2-I numbers were actually unavailable in September. See below:

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.



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  • syedajmal
    03-31 04:14 PM
    Speeding is a misdemeanor in some states and can cause a false alarm. Just recollect to see if you can recollect anything where you ran into the law even something minor??




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  • belmontboy
    10-27 05:01 PM
    Guys, things may not be great, but you know what - "what does not kill me only makes me stronger" - Friedrich Nietzsche

    Hope this diwali bring great things for us.



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  • dog123
    09-18 06:01 PM
    I got receipt on August 29 and approval e-mail on Today (September 18th).

    Rashesh




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  • mwin
    11-27 10:26 PM
    From murthy: http://www.murthy.com/news/UDac21qa.html#1

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.

    Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965



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  • hpandey
    12-17 10:20 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?

    Thanks

    NOID means Notice of Intent to Deny which is usually sent if they haven't heard from you regarding an earlier notice ( for e.g RFE which is request for evidence , or continuity of case from your employer etc )

    RFE - Request for evidence is usually generated when USCIS needs something from you or your employer . They have to be responded between 30-45 days mostly .

    Contact both your lawyer and USCIS to find out why your case was denied.




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  • go_guy123
    01-26 01:38 PM
    This is an important step zero. I am sure Reid will push this through in the Senate.

    But in this congress it's all about what the House does.. Need to see the House version of this bill..

    CIR (aka mass amnesty) was not doable in the past, and is not now and wont be in future. They could not do it even when democratic party was in power in congress (high tide of democratic party). It is impossible now with GOP in control.

    It si pure lip seervice by Sen Reid



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  • iheartindia79
    05-14 01:13 PM
    Please! someone help!




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  • bkarnik
    11-09 09:23 AM
    Are you advertising your Law Office on the message board...????

    A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.



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  • blackberry
    01-21 02:47 PM
    Can soneone help me with this question.....please....

    My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
    I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

    Thanks in advance!
    I came back last year December, no issues, No questions asked. The entire process was very smooth.
    Just remember to carry all your documents.




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  • skagitswimmer
    May 21st, 2007, 01:15 PM
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  • maddunr
    11-09 12:58 PM
    Hi Paskal,

    I can help.

    1. I have a background in design and animation and about 5 years experience in Interactive Media in the marketing department. I can help out with interactive media, some video and animation (usually requires lots of equipment), illustration, identity design.

    2. Over the last 3 years, I've been working with Joomla and have a fairly good grip on its inner workings. My web sites have fairly good search engine positioning for specific keywords.

    3. In addition to the above, I have fairly good writing skills.

    So, let me know if I can be of any help. I have completed my profile. I assume that all information provided will be kept private :)

    - V




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  • apb
    09-14 03:10 PM
    Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.




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  • va_il
    12-18 03:25 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.




    saatiish
    05-14 12:02 AM
    something new, I did not know that.

    BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.

    A slightly off topic - but how did you know that your 485 was approved ?

    Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.




    perm2gc
    07-02 11:21 PM
    Thanks for your replies.

    My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.

    You cannot use EAD to bring your wife,you need an approved H1.



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