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ssdtm

11-30 04:38 PM

- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.

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gudyul

12-18 05:15 AM

I found this really old post 11 2004. I saw your tutorial for coloring code. I am need a coloring page for www.walrusdogblues.com My fantasy is to have five colors red blue and yellow black and white. and the ability to drop them in the drawings as needed to blend the colors. If that is too complicated then something simpler. My illustrator will try and make crisp lines to drop color into. am I dreaming? "Money is no object"

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lostinbeta

10-13 12:53 AM

Did you fix it?

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kanshul

02-08 09:39 AM

At this time there is no certainity.At the rate in which dates are moving in EB2 India (1 month move in a year) your PD will be current after 10 years. You may not even consider coming here then.

More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.

Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)

I do wish you all the best.

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pd_recapturing

06-17 09:35 PM

If I am able to get the PD ported from EB3 to EB2, it will be May 2004 other wise, it will remain May 2004 for EB3. but, at the same time, I am not very sure that PD will be ported successfully, though, in my company, whoever has applied PD porting has got it ported. Is it worth taking the risk ?

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desi3933

06-18 03:38 PM

Hi,
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?


Also, does the title matter? Do we need to get the exact job title in the new company?

It may be one the criteria to check if the new job is same or similar.

Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002

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FSL

08-22 11:44 AM

Offcourse they have entered A# time of the finger print I even gave them my EAD card along with ID which has my A# on it and entered it from there. A# is also on FP form which you have to fill out if you have A#. Hope that helps.

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mdmd10

07-18 04:12 PM

Since this is already being dicussed in the thread mentioned above. Thanks

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vnsriv

11-04 10:38 AM

Gurus,

My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.

Please let me know

Thanks and Regards

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atumalla

11-06 12:46 PM

I got two luds on 140 485 131 765 after FP.

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ABHI1

11-12 05:07 PM

Hi ,

My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.

Thanks

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deardar

06-18 04:09 PM

I dont directly work with attorney, the company works so by the time the information gets relayed its taking time.

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Bpositive

02-12 09:29 PM

I spoke to the immigration contact at the MD congressman in my district. I am sending him the 'letter'. I may also set up a time to meet him. If anyone is interested in joining me, please send me a PM.

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oliTwist

12-12 05:24 PM

There was another thread on this change.gov already and we posted some of our stories in there. This I think will work and can be done by all sceptics here.There is no harm in writing abt your story and get their attention to our plight.

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smartboy75

11-01 05:13 PM

Hey carbon

You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....

What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....

Hope this helps....All the best

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imconfused

05-25 11:02 AM

SRC.... so is it TSC ? considering its starts with SRC?

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aioros

06-14 09:05 PM

oh but that's half the point! i don't wanna hide it, i wanna expose it! :)

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itsmesabby

10-14 09:58 AM

Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.

I would really appreciate it.

Thanks

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IV2007

06-18 07:08 AM

My wife's name was changed when we got married in the passport to add my name as her last name.

This is not reflected on her birth certificate.

I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...

Urgent reply..

Thanks
shree

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ricky26

04-24 12:26 PM

Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.

Does that makes sense ?

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jk333

08-18 02:55 AM

As long as you use your H1 visa to come back in,
you are in good shape.

Have a safe trip.

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