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Euinox
05-20 01:10 PM
I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

Now I am on H4 till date.

I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

Please help me in this issue. I will really appreciate your help.

Any document/ link which shares light to similar issue is really helpful for me.
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desi3933
01-14 12:02 PM
My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.

Thanks to any suggestions.

>> Now she's planning to take a break and change back to H4.
File for change of status to H4.

>> If she wants to work again sometime in future maybe after a couple of years will she come under quota?
Since she got H1 status first time in Nov 2004, she can have H1 transfer without quota only until Nov 2010. After that her H4-to-H1 will be subject to cap.


__________________________
Not a legal advice.
US Citizen of Indian Origin
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vvpandya
05-12 08:44 AM
Is anyone having an issue with logging into account at uscis.gov?
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Spectrum381
03-26 09:07 AM
I got one more LUD for I-485

ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.

Can somebody clarify...
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Digitalosophy
11-24 08:45 PM
bump
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saturn12
02-13 11:53 PM
Hello

I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.

Thanking you,
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optimist
03-12 11:37 AM
The H1-B per se does not require any job experience, provided the educational qualification is exactly what the job requires. To quote, "For an H1B for a programmer, for example, a candidate must possess the required degree in the field of computer science, electrical engineering, electronics, or a related field." When the candidate has a degree in an unrelated field, the employer would usually need to prove that the candidate has work experience in the field in which the H1 is being sought.

For more details, see http://www.murthy.com/news/n_repatt.html

Hope this helps.

----------------------------
Monthly contribution: $20
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TheRealAlan
10-25 05:45 PM
Surely you can afford to pay $95 a year at ipowerweb.com for that. There are even cheaper deals than that around. It doesn't cost that much.
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ss2005
05-19 10:00 AM
Hi.

I am planning to invoke AC21 via H1B.

My old employer have no issues continuing the same attorney for my future needs.

My new employer asked me to go with their attorney... but I am planning to go with my old guy who applied my 485.

Can I pay AC21, future expenses etc charges from my pocket since I am going with my old attorney.

Is it OK to me paying fees for the GC instead of Employer? Or I shud go with New company Attorney?

Appreciate your help on this.
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pappu
12-11 11:31 AM
Once you are a member aren't you automatically registring yourself to your state too?
no you need to volunteer to do the state chapter work
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gman
04-17 09:23 PM
Hello everybody,

Since my last post I have done a lot of research on this site and i think i have found the answer to most things. I am curious to find out if anyone has been in the same situation and have a couple of questions left.

1. Since now I am married but when my I-485 was filed I was single, do I need to ammend the I-485?
2. Do I need to let the attorney know that we are self filing for my wife?

Thanks in advance!
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beautifulMind
01-04 02:12 AM
I am involved myself in a mess regardning the Green Card labor process

1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

3) Just last week I got a denial letter from DOL stating the reason

"The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

also the letter said

The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

This denial also caused the automatic withdrawal of my earlier backlog case.

4) The priority date was very impt to me since I applied in EB3 and from India.

Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

I am very anxious please help!!
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monkeyman
10-19 09:21 AM
I am in a weird situation. My wife has green card and my child is a US Citizen and she has a PIO Card (Indian Green Card). I was on H-4 till my wife got the green card - however, I have been told that the H-4 is invalid as soon as the primary applicant receives the green card. I have received my EAD Card and I have completed the FP. For whatever reason, the lawyer did not apply for I-131 till Oct 12, 2007. Now he says, it will take 90 days. What documents should I be carrying while traveling to India to travel on AP (if I ever get one). Any response will be highly appreciated. Please help.
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raamskl
04-09 04:34 PM
Thank you both for the response. Yes, the new filing fees apply as you rightly said and I was able to Efile also.

The link below was useful in efiling. Just one variation though, USCIS schedules the biometrics appointment, so no need to call the 800 # to schedule one as mentioned in the link.

http://boards.immigrationportal.com/showthread.php?t=108916

Cheers.
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zico123
06-13 08:32 PM
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
If you can then retract her COS application and include her in 485. But I am not sure how you would go about donig that. Check with attorney.
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apnair2002
10-18 11:15 AM
http://www.forbes.com/leadership/compensation/2006/10/17/immigration-congress-labor-biz-cx_1018oxford.html
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sathyaraj
10-01 03:02 PM
Thank you so much for ur reply.

yes to all questions.
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up_guy
02-21 09:15 PM
I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.
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BharatPremi
09-28 02:43 PM
Up for it. Thanks for posting though.
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go_guy123
06-29 12:48 PM
As of June 19, 2009, approximately 44,500 H-1B (http://www.h1b.biz/lawyer-attorney-1137085) cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Employers thinking of hiring visa workers have more flexibility this year to interview and choose the best candidates as visas will be open for at least 2 more months.




More... (http://www.visalawyerblog.com/2009/06/h1b_cap_update.html)

Looks like this year quota wont be used. The sheer strict enforcement of the rules has resulted in plunging applications.
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ivar
03-02 04:51 PM
Dear Friends,

I am in my 5th year H1b, my past efforts for GC have messed up. Now i am waiting for PERM withdrawal since Jan 09 to file a NEW PERM. Even if i am able to file a new PERM application by this month or next, what are the chances of getting it approved looking at the current scenario of economy and job market? :confused:

Thanks,
R.
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