Sunday, July 3, 2011

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  • sledge_hammer
    02-25 09:16 PM
    It is perfectly legal to let two employers file for her H-1B visa. She can even work for both of them!

    Hi,

    A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
    From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
    Is that correct? Does anyone have any insights?

    Thanks.





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  • div_bell_2003
    09-18 09:13 PM
    I have heard this before on other forums , too.

    I believe, the USCIS CSR confused "unrestricted" SSN with a "restricted" SSN. Most people on some kind of work permit (F1,H1B, EAD) have "Eligible to work with DHS authorization" ( or something similar ) imprinted on their Social Security card ( it certainly is in my social ), and I believe people with GC/USC don't have any such thing written on their SSN ( it's purely a guess by me, I'm yet to see a GC/USC holders SS card ;) ) . So, I don't think people on work permit can work just with DL and SS card ( if they could , why would they have not done until now :confused: ? ) .

    But, on the other hand, I'd like to know, if people can continue working on the EAD receipt itself ??





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  • sachya
    08-13 08:31 PM
    I am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
    He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,

    1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
    2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
    3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
    4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
    5. After asking for my passport back will it affect the renewal of my travel document (AP)?

    Thanks a lot!





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  • st4rguitar
    08-22 12:11 AM
    No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.

    Hello,
    I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

    Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

    Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

    Thanks.



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  • lazycis
    12-20 09:22 AM
    She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)





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  • Line
    07-12 01:19 AM
    Nice catch :) I sorta just drew it to show how much of a gamer I am. I didn't even think of it looking like he's running away. but I guess you also have to wonder, how did the ghost turn blue and there's a bite to his left and right still available.

    -Line



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  • vkannan
    08-07 04:05 PM
    Hi
    I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,

    "Renewal applications are filed based on the location of your residence, as per CIS requirements"

    I am based out of MN, hence NSC.

    Hope this helps.





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  • desanar
    04-04 06:17 PM
    If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.



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  • ganguteli
    04-07 09:48 AM
    Hi,
    I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

    My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

    As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

    Please advise me if I should stuck with the company lawyer or it does not matter?
    Thanks
    Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.





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  • aroranuj
    04-09 04:16 PM
    Can anyone whose I-140 has been denied the 1st time shed some light on their experience too?

    Thanks.



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  • gc2
    01-11 02:02 PM
    you dont have to withdraw 485 for dependents as it will automatically expire. In some rare cases USCIS may allow applicants who have stayed out of US beyond AP expiry date to reinstate AOS application but that is at the discretion of the officer. it could be humanitarian grounds.

    if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.





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  • shaikhshehzadali
    07-08 05:52 PM
    In case anyone needs to reimburse some of the medical costs from the insurance co, following are the HIPAA procedure codes.

    Testing / Lab HIV-1 and HIV-2 86703
    Testing / Lab Syphilis test (RPR) 86592
    Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
    Preventive Care MMR immunization (subcutaneous) 90707
    Preventive Care Varicella immunization 90716
    Preventive Care TD immunization (Tetanus) 90718


    Are u a doctor?



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  • vactorboy29
    11-30 02:04 PM
    I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.

    I am also in same boat.Applied on 15 oct ,so far no receipt.





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  • GCBoy786
    10-30 01:23 PM
    Today, our AP status has changed to "Document mailed to applicant". Does this mean that they have mailed the approval document or is it an RFE document?

    For most of the applicants the status has turned to "Approval Notice sent" but mine is different. Is anyone in the same boat.



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  • good idea
    02-17 12:39 AM
    Hi,

    My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
    And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
    Is there any chance I do not get H1 approval (even after 31st March)...

    regards...





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  • vivek_k
    08-13 01:24 PM
    a2p is ability to pay
    Thanks Ravise! Is that a question about the ability of the employer's ability to pay?



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  • webm
    05-13 10:54 AM
    I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
    __________________

    How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??





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  • mugwump
    01-14 03:00 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.





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  • wa_Saiprasad
    07-23 08:26 PM
    Very helpful. Thanks for the post.





    hemanth22
    06-25 05:29 PM
    yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
    and ead/ap is approved.
    Again in case the H-1 stamping is denied for any reason , can i come back on AP

    I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
    We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).

    Regards





    lvinaykumar
    06-24 04:47 PM
    If you find a document let us know. that would be really interesting...



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