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  • tillu
    04-01 10:31 PM
    Hi There,

    Is it possible??

    Company "A" negotiating with a person who does not have paystubs, as he always been on bench.

    during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)

    Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.

    Can a transfer be done like this???

    Please advise as i am dying day and night.............do not make a fun of it.

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  • Alien
    03-17 04:57 PM
    but but you will still need to wait for 9+ months to get your new 140 approved right?

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  • dealsboy
    08-19 01:38 PM
    Based on the knowledge I have.

    1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?

    If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.

    2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?

    They have to file a new H1B for you.

    3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application

    GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.

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  • contact.vr
    12-01 12:01 AM
    I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.

    1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?


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  • alien2006
    08-30 08:34 AM
    What you can do is ask for the case #. Then you can check the status online (it will basically tell you when it was rec'd). After that just sit back and wait for the next 4 months or so. Once I140 is approved ask the lawyer for a copy of the approval notice. This is critical if you ever need to move companies.

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  • grinch
    05-10 09:48 PM
    Yeah I noticed you like his little errors heh? Hahah nice concept!


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  • sinemkeceli
    01-24 11:03 PM
    I had a opt which expired on the 9th. of november and on june 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in june 08 and I applied to eta 9089 on september 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after september. Now, my lawyer suggests me to go back to my country as my status will be put of satatus and I could continue my green card process from back home.

    I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..

    I need help!!!

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  • sethurama
    10-18 01:33 PM
    Hi rpatel,

    My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.

    How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.

    Please respond

    Thanks a lot


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  • Rajeev
    01-16 08:48 AM
    Thanks Anurakt. I will join the conference call.

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  • grimreaper
    07-23 12:40 PM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

    If you were never convicted, you should not have any problems. Because remember, you are innocent until proven guilty ( which means conviction) and being charged is not an offense by itself. You might face some problems at POE because your finger prints might show up due to arrest record, but if you have court documents showing you were acquited or police documents showing that your charges were dropped, you should be OK.


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  • sundarpn
    01-19 12:27 PM
    from other posts, I have seen 10 working days wait times.

    Pl. keep your post updated for the benefit of others.

    Also contact your attoneys and ask them to find ways to check if your petition is present in PIMS. My attorney says there is no way he can. I also called DOS & KCC, they are not helping either.


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  • smuggymba
    09-20 02:14 PM
    I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?

    Please provide your valuable opinion.


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  • mbartosik
    03-14 11:28 AM
    service requests taking up to 60 days now and processing times 60 days behind published figures.

    About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.

    The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.

    I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.

    My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.

    She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.

    So summary:
    Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
    Real processing times are about 60+ days behind published (at least for Nebraska).

    Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.

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  • jelo
    02-10 12:05 AM
    My labor got approved in Jun 2006, I 140 approved in Oct 2007 and I am a July 2007 filer. My employer got a NOIR on I 140 saying this:
    Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
    And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
    What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.


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  • sixpockets
    07-15 06:59 AM
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  • jackhardy
    02-03 10:37 AM
    After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.

    I would recommend you all do the same.
    Hoping he reads at-least one of our letters and show some mercy + change!

    The address to mail is:
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500



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  • lazycis
    05-14 12:33 PM

    My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.

    Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?

    Whats the right way of handling this?

    USCIS regs require skin test results. The easiest way to take care of the RFE is to do what they ask for.
    As for G-28, you should send a new G-28 with your name as both representative and applicant to the service center where I-485 is pending.

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  • uma001
    04-14 03:04 PM
    I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)

    I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.

    What are my options?

    How many months left for you in fifth year? You need atleast 6 months to join another company so that they can do all the necessary steps in those 6 mnths before they file PERM. Are you trying to transfer to consultancy or full time employer?

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  • optimizer
    03-22 11:42 AM
    Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?

    I am in a unique situation. Here's my long story.

    I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.

    That would be close to 12 years on H1B. I know, very long.

    After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.

    My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.

    The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.

    Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.

    I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.

    Is there a legal way to extend my H1B next year under these circumstances? If so how?

    Thanks in advance

    11-25 12:03 PM
    Is university h1 the same as non-proft cap exempt h1 or is it different ?

    05-07 03:01 PM
    Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?