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  • desi3933
    05-14 11:41 AM
    ......

    My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    ......


    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .




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  • ineedhelp
    07-22 11:45 AM
    Hi All,

    Thank you for your overwhelming response. I did spoke to an attorney and rightfully got sucked out with $$ but it gave me some peace of mind for sure.

    1. His recommendation was that the maximum penalty in my case would be 10,000 $ + 2 months notice as given i my policy. Apart from this wipro cannot claim any more and again this could be challenged if asked for in USA but would work in wipro's favor if it is claimed in India.
    2. But he did mentioned that many of other clauses could be challenged.
    3. He also cautioned me that Wipro cannot be bounded to give my Experience letter :(

    Bottom line is i'm ready to pay 10,000$ + remaining 4 weeks notice and get a clean exit. Yes some of you might argue otherwise but i thought from my personal perspective this is right decision as i have plans to get my GC processed.

    @JRG, hope this helps u.

    @reddyram,LONGGCQUE, gc28262, pagal, crazymonk ... I'm greatful to each one of you. @LONGGCQUE your specifc response was most helpful to me as it ideally match with my situation without any disrespect to others as each one of your suggestions have made to stand up against Wipro!!

    Thanks Again.
    ineedhelp (may be in future i will help as well!!! Time to change my user id :)




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  • Pagal
    07-24 04:57 PM
    Hello,

    If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

    1. Was I in non-pay status while working for VSG?
    2. Is my job and location same as in my H-1B labor certification?
    3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

    If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.




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  • waitnwatch
    05-30 01:42 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.

    Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.



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  • immi_seeker
    07-12 10:10 PM
    Thanks for the responses. Will call uscis on monday.




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  • GCAmigo
    01-02 03:20 PM
    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..



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  • kprgroup
    08-03 01:45 PM
    Did your denial letter has similar wording?..............just curious




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  • TeddyKoochu
    10-14 04:34 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)

    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.



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  • lonedesi
    06-26 03:30 PM
    Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill




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  • villamonte6100
    08-21 09:39 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.



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  • mailmy_gc
    10-15 05:49 PM
    We had 4-5 continueous LUD's after couple of weeks they recieved response (June 2009) but still status is showing response reeived.

    Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.

    Thanks,




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  • pcjandyala
    07-21 11:31 PM
    http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.



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  • shreekarthik
    06-10 05:56 PM
    Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?

    They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.




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  • number30
    04-17 02:20 PM
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot


    If he has canceled the visa that is not over stay. It is illigal stay which quite lesser offence then the over stay. What is your I-94 expiry date? If it is not surpassed yet you are not subjected to any bars.



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  • when
    02-29 12:42 PM
    ^^^^




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  • skv
    08-03 05:37 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.



    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?



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  • rex
    04-25 03:06 PM
    Thank you all for a bunch of good answers.

    I will do the electronic address change and send a letter to uscis to represent myself and wait a month before sending in the AC21 letter.
    seems to be the best option here.

    Pappu. i have updated my profile. I am not a power user of this site because of some restrictions at work, but do appreciate what all of you are doing for the community.
    Thank you
    Rex




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  • sareesh
    04-21 12:12 PM
    I understand your problem with moving dates slowly but did not follow your problem with porting.

    Thanks,
    SG.


    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?




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  • tampacoolie
    07-09 12:46 PM
    Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.




    waitnwatch
    05-30 01:42 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.

    Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.




    chanduv23
    08-02 05:30 PM
    create a yahoogroups or googlegroups and start adding people in, maybe you can have one group for FL initially and then divide norrth and south



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