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  • fide_champ
    12-20 11:05 PM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ

    Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.

    The safer bet i would say is to go out of country and come back with a new H1.





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  • jthomas
    06-10 01:50 AM
    The employer would offer you (and only you) one way ticket to the final destination to your country. You have to bear the cost of your family members.

    If you wish, you can

    1. Highlight your skills in this forumn, maybe someone would be able to help.

    2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.

    To all other readers,
    1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
    2. there are other members in your field. Ask for their suggestion/help.
    3. Post any openings if you know.
    4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.

    J thomas





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  • bhatt
    11-21 04:54 PM
    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

    Thanks Chris for sharing this info
    This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.

    It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.





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  • ras
    05-24 12:44 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.



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  • conchshell
    04-24 08:22 AM
    Breaking news on http://www.immigration-law.com :

    04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"

    * This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.

    Does anyone has more insight to this. What we at IV can contribute to this hearing?

    This is the official link on the website:
    http://judiciary.house.gov/oversight.aspx?ID=435





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  • lost
    01-27 02:07 PM
    We need to have a massive participation for our question to get noticed........and today is already Thrusday!



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  • ssnd03
    08-03 04:17 PM
    This is the latest on my LIN number ...

    Response to request for evidence received, and case processing has resumed.

    What does it mean ... Any Ideas folks ...

    RFE accepted... so chill and relax and have a good weekend





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  • stupendousman11
    01-14 09:36 AM
    Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.

    Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?



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  • psaxena
    10-07 07:20 PM
    I did the same this one month back. All you have to do is the letter to USCIS telling them that your attorney will not represent your case in future and please mail all the communication directly to my registered home address.

    Send this letter to address mentioned in I-797 Notice of Reciept of I-485 with acknowledgement return address card.

    Look for my previous post related to this and you will find the sample letter as well.



    Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?





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  • thomachan72
    08-14 03:08 PM
    I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint? cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.



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  • amslonewolf
    05-11 02:06 PM
    http://www.visalaw.com/teleconform.html

    Please post and email this question at the above teleconf..

    I already did.





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  • frankiesaysrelax
    01-19 03:50 PM
    I sent out my letter to the prez (and the IV copy) last week. The ones who are lurking here right now without having done that yet: you have no excuse. At a minimum, it will cost you first class postage, a print out of the contents, a sign at the bottom and a trip to the mailbox. If you feel lazy about it, shame on you. If you think it will not make a difference, think again. Not only you are wrong, you have no idea by how much. If you open your mind a bit and send me a PM, I will send you personal anecdotes on how it made a difference for individuals and that too when it was not even part of a concerted effort like this.



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  • venky_handsy
    09-10 11:24 PM
    you did a masters here.......so you can go to canada or mexico also...it will not be any issue if you all the paper work of your masters correct





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  • ganguteli
    07-07 11:58 AM
    Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
    Unless these people support, people who are in the labor pending stage will not get enough members to help them out.



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  • desi3933
    02-11 07:59 PM
    I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
    ...


    Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
    __________________
    Not a legal advice.





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  • atlfp
    04-08 03:22 PM
    Legal immigration IS all about competitiveness. Why there is an EB based immigration category at all? It's primary because they want to be able retain talent. As such, one of the strong argument for the current EB situation will be that if they do not do it, this country's competitiveness edge will diminish. This is the truth and I think most law maker is able to understand that.

    remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.



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  • rbharol
    09-26 08:37 PM
    I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
    be changed.





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  • SunnySurya
    08-21 03:19 PM
    I don't know, you tell me!
    Does 25-30 lacs sound like a good deal to you ?





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  • qualified_trash
    12-15 11:35 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.

    the only benefit of the old I140 is to port the Priority Date.





    akhilmahajan
    04-30 12:27 PM
    Your case got approved pretty fast........

    I just wanted to make sure it was not filed premium.........

    Thanks.





    abhishek101
    05-21 10:32 PM
    Nope the GC came even before I could think about any call.


    lvinaykumar: My PD is March 2003 (from my profile)




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