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08-20 02:38 PM
I gto the same response last week. They were so adamant in denying me the info that I got frustrated and hung up on her.:mad:

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01-16 01:21 PM
I may be wrong but i read on murthy that in the 6 years of H1 if you are out of the country for few days/months/years you can file H1B as a new H1 claiming missed days/months/years. (note: your H1 will be valid for only those missed period and not another 6 years) If it is for few days/weeks it is not worth to file for recapturing.

This option was given in for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.

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12-07 09:50 AM
Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

You should check to make sure.

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05-01 09:54 PM

Any person who can understand the dynamics of US career will never question about tour india trip, as long as
1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
2.appropriate supporting documentation from the employer

Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation


I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

ujjvalkoul, satyasaich,

About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?


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January 12th, 2005, 06:31 PM
Great shots Lecter. Here's my attempt except the colors are selectively desaturated.

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06-15 01:46 PM

I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.

Please check with your lawyer before you follow this step as I am not a lawyer.

Hope this helps and All the best...


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11-03 08:30 PM
The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it

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07-26 10:15 PM
Good work Vikram. I tested it out and seems preety useful.


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12-05 09:56 PM
Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.


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10-02 02:00 PM
It should be pointed out that starving dog is a cdn, and thus he is not required to give up I-94 when visiting canada.

Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.

Well thats kinda hard to do right since you dont have ur I-94 anymore;)?


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06-25 09:46 AM
As long as she is not drawing a Salary, she is fine. She can continue to manage the business.

This is not correct.

Managing the business comes under employment authorization whether or not salary is drawn by the owner.

Not a legal advice.

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03-15 06:32 PM
Thanks a lot for all that good information. You mentioned about O*NET category and job zone. What is O*NET category and how do I know what category does my current job and expected future job fall under?


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02-01 06:14 PM
Dear all,

I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?

Thank you for your support.

Again, my apologies.

Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

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09-12 07:20 PM
Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.

As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.


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08-03 06:15 PM
Denail from CSC
Reason: Employer didn't follow labor rules in paying for some of the other employees.
Employer is saying he will appeal the denial but few more questions.
I heard that while appeal is in process I can't work. Also, I still need to get the EAD. So how can I work legally ?

Can another employer file my H1 transfer in normal processing ? ( I will request my original employer that I will come back and work for him after I get the EAD, the reason for normal processing instead of premium is to get some time until I get EAD.)

Can I start work for the other employer from the day of the H1b filing or have to wait until I get the H1b approval ( my h1 already got expired ) ?

Will changing my employer after 485 is filed jeopardise my 485 process ? ( I have intention to come back to original employer after I get EAD).

Any suggestions ?

Thank you

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03-22 01:59 AM
Do not think about your events.

Think about baby's life. Make him/ her a US Citizen.

That's a good gift you can give.


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12-14 01:16 AM
Partially in reply to Lazycis :

So, LAZYCIS, while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in there any such restriction that you can be away for only 2 months.

2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.

Any help in this regard....

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04-17 08:55 AM
Hi All,

I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

Here are my questions

1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


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07-27 12:37 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help

02-23 04:22 PM
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

MD doesn't allow instate

DC has no instate concept at all :)

VA,NY,CA,MA,IL allow instate as of my knowledge.

02-02 09:40 PM
So as not to burst anyone's bubble, try it and see.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.

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