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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).




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  • vnsriv
    10-10 04:24 PM
    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.

    Accept the offer like I am planning to do. Job is most important.




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  • samy
    11-06 02:29 PM
    Glad to see your initiatives. But our focus should be different.

    The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.

    In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.

    Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.

    Please keep the spirit alive. Thanks.




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  • perm2gc
    12-18 10:12 PM
    yes...one area where we wholeheartedly support them :)
    will they join hands with us ..:rolleyes:



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  • lreddi
    08-14 11:45 PM
    Hi Cool Blues,

    My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter
    'V'




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  • chanduv23
    03-14 05:51 PM
    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off



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  • rongha_2000
    10-11 04:52 PM
    Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
    1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
    2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
    3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.

    In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.

    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards




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  • tigerlibra
    09-28 04:31 PM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.



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  • yagw
    10-31 06:43 PM
    I am planning to shift employers and I have a question:

    Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?

    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.




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  • sheela
    08-06 06:11 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    Ceter: TSC
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Enjoy freedom. Your wife should be fine as her AOS petition reached uscis before your approval. I won't be surprised if you get another surprise soon !



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  • ashutrip
    06-15 04:11 PM
    What about the option
    Refiling LC in PERM due to .... changing jobs, etc
    Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing




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  • GCNeophyte
    09-17 02:11 PM
    one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.

    I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders



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  • vaishnavilakshmi
    06-22 08:50 PM
    Hi friends,

    thanq so much for the suggestions.Now i have decided not to change my last name until i get my greencard in my hand.Hope everything goes fine .

    vaishu




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  • bp333
    07-02 11:58 AM
    Per the updated bulletin. Can we apply or not apply 485.

    Also, how come they didn't know on May 15th when the moved the dates to 2003..

    All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.



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  • DSLStart
    03-11 08:14 PM
    No you don't have to walk into any bank. Just visit

    https://remit.onlinesbi.com/

    Everything is self explainotary.


    Gurus,

    Can some body advise what is the best way to send money to India using SBI online?

    Do i have to have an account with SBI? NRE/NRO/Regular

    I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?

    I live in Colorado and hence do not have the luxury of walking into an SBI US branch.

    Any advise is appreciated.

    Thanks




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  • kaisersose
    02-18 10:26 AM
    This is how it works.

    DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.

    As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.

    We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.

    In short, continue to expect the same pattern of erratic movement.



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  • gc genie
    12-30 10:45 AM
    bump




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  • skp71
    07-16 06:14 PM
    My lawyer says that her status is AOS from nowonwards. Even I can change job, that dosen't cause any issues for her 485, she says. What do you guys think? I want to change job. Also, I have read from some other forum, it would be good to work for the sponsoring company for 6 to 1 year after get the gc.

    got it, sonu. Thanks; clear as water now!

    skp71, please treat the posting by Sonu as the final word on your case!; However, as he indicated consult your attorney becuase there may be additional details of your case which may not know while providing you feedback.




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  • payur
    04-11 10:26 AM
    Go for consulting job where you can stick to one company and continue your gc process. You will get better paid, you will meet more people, you will learn more and once you get green card you will have options to choose from the contacts.




    rbalaji5
    11-16 03:54 PM
    Thanks for the information.

    I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.




    GCFISH
    08-31 11:31 AM
    taking it back....don't want to debate, assuming you all know the fact.



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