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singhv_1980

05-09 06:38 PM

I am on H1B with this company A for the past 2 years. Suddenly/shockingly, due to some unavoidable circumstances, the company is on verge of financial trouble for a short period of time. In case the company does not get some bridge funds, it will shut off its business for 30 days and all the employees will go on UNPAID vacation for that duration. It is not the termination of services or jobs but a temporary absence until company gets some more fuel in the tank.

I am not sure if this will have any effect on my status or not. Again, its not a termination but a temporary leave (for all the employees) without pay for 30 days.

Your opinions are highly appreciated!!!

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devd

12-09 12:55 PM

My Scenario

-> I entered country on B1 and I applied for H1 through other employer. H1 got approved but change of status is denied as i left the country while petition was with USCIS.

-> I entered country on B1 again with new employer who applied my H1. My I94 validity ended on October 24th and we applied for extension due to some show stopper. Application is still in process.

Here are my questions -

1. Can i apply for change of status now or do i need to go back to India?

2. Now that i applied for extension, if i go for stamping at India immediately, will it be positive? Just because, i stayed for almost around 8 months in US this year. I was just wondering, will they reject it raising doubts on my intent? No one can decide on it, but what are the chances?

3. Staying in Canada on work permit for 6 months and then leaving to India for 3 months and then go for stamping, is this a better option?

Thanks in advance.

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greenguru

06-16 04:29 PM

Congratulations !

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gc_chahiye

09-21 04:53 PM

A brief background: I have approved labor (PD Jun04/EB3), I-140 rejected & pending I-140 (MTR filled in Jan'07) with attorney A. Meanwhile got PERM LC approved & filled I-140 & I-485concurrently in Aug.07 thru Attorney B (recipt recived).(FYI....the same company did Old & New PERM Labor)
Now the question is, If my old I-140 gets approved, than do I have any benefit/advantage using that Old approved I-140 PD of Jun04 when my new I-140 gets approved? In short, can I still use my OLD priority date? (Jun04).(even though I have already concurrently filled New I-140 & I-485 in aug.07).
Any thoughts/suggestions/advice/ideas are appreciated. thanks.

yes you can use the old PD, google for "interfiling".

Here's a search showing some results from Murthy's website:
http://www.google.com/search?q=interfile+site%3Amurthy.com&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230

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minimalist

08-15 04:40 PM

I will be travelling outside US using AP by end of this month. I don not have valid stamped visa. Recently small part of my old company (A)got acquired by new company and my job was moved to new company (B)

Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.

Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.

Any issues ? I don�t want to abandon my H1 status.

Gurus please advise.
Thanks
BAsed on what I know, even if you use AP to re-enter and continue to work with the GC petitioning company, your H1 status is still valid.
Your scenario is you will be reentering on AP , but switching the job to a new employer. You may lose your H1 status

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Not a lawyer
EB3 I - MAy 2006
Contribution -- $100

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mayhemt

09-22 02:15 PM

How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).

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mchatrvd

06-30 10:34 AM

I have never been to the meeting but will like to attend one if scheduled in future. i think its high time our Chapter schedule meeting with Senators/Congressmen in this area including MD, VA and DC. The President has started the immigration reform initiative and it is right time to make the lawmakers aware of our EB issues. Let me know your thoughts.

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frostrated

02-09 10:29 AM

yes, your employer can file for a new H1B, but you will have to leave the country and get a visa to work on the H1B. An easier process would be for your new employer to take over the sponsorship of your GC by using AC-21.

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sac-r-ten

02-24 10:06 AM

congrats. Law does say about new Hires and layoffs. i doubt it takes into account the renewal/retensions.

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Legal

07-20 11:18 AM

Please advise:

I am on F-1 and working under CPT from Jan 07 to Aug. 07 and will extend CPT from Sept 07 to Dec. 07.
I applied I-485 and 765 (EAD) as a husband on my wife's LC on July 2, 2007.
I will not be getting my EAD before Sept. 07.
My confusion is whether is it legal to extend my CPT on F1 even if I receive AOS receipt number ??

you travel and try to re-enter US on F-1(PT) status this shouldn't be a problem. My understanding is F1 (non-immigrant intent) and pending 485 are incompatible for re-entry. Check with your lawyer.

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sunny1000

10-07 08:21 AM

Hi All
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.

Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam

back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156

Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get

the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your

help.

Please post this in the lawyers section so that the attorneys can respond.

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moonrah

12-26 05:10 PM

Hi,

My company prepared for my PERM filing in EB2 category. They did all recruitement efforts. But at the time of filing, company annouced some lay-offs as "restructuring". Now my lawyer says, it is their policy not to file for PERM before six months of any lay -offs since some lay -offs involve same job title as my labor supposed to be filed. Since this is my lawyer's policy, My question is, is it safe to file PERM right now? What if I use different job title then the one my lawyer used before for recruitement efforts. (I understand he has to do new recruitement efforts for this ne job title, but is it safe?). What choices do I have, I do not want to delay my PERM filing. Please help...

Thanks

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paulkurni

06-07 12:46 PM

I am on H1b and work for a desi consultancy company. My project with a client ended some time ago and due to bad market, I have been so far, unable to get onto another project. Now my employer is asking me to go back to my country for some time as I dont have a project in hand. I am worried that this may result in canceling of my H1b visa. However, employer is trying to assure me that he won't cancel it. I am wondering has anybody (somebody you know) been in this kind of situation. FWIW, I do have an american undergrad degree and have been living here legally and lawfully for past nine years.

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pappu

07-22 02:15 PM

action items for state chapters

http://immigrationvoice.org/forum/showthread.php?p=30164#post30164

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Hydraulic+mining+gold+rush

Blog Feeds

06-18 03:50 PM

It looks like this was an inadvertent statement of the President's plans before it was formally announced by the Justice Department. Secretary of State Clinton told an Ecuadoran television station: �President [Barack] Obama has spoken out against the law because he thinks that the federal government should be determining immigration policy,� Clinton said in comments first highlighted by a conservative blog. �And the Justice Department, under his direction, will be bringing a lawsuit against the act.� Predictably, Arizona Governor Jan Brewer is upset as is J.D. Hayworth, the anti-immigrant candidate trying to replace John McCain as Arizona's Senator. Here's today's...

More... (http://blogs.ilw.com/gregsiskind/2010/06/hilary-reveals-white-house-plans-to-sue-arizona.html)

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Yeldarb

08-17 01:09 PM

I have also gotten Jobs through the Job Offers forum =)

One returning customer too!

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cooldesi

04-02 07:53 PM

We had exactly same situation. Refile with client b information. Mtr is not recommended

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Miner at the Coloma Festival

sw33t

07-16 05:19 AM

Hey guys

I just wanted to let you know that all the San Jose members are thrilled that other people have been inspired to hold their own rally.

We are working on a document that details what gives advice on what we did and how we did it. As well as things we learned that we should have done!

Hopefully we'll be able to post it in a few days time, but please bear with us, we need sleep, to catch up at work and make sure we cover all the details.


http://daywithoutanimmigrant.com/index.php?option=com_content&task=view&id=88&Itemid=25&lang=en


http://www.boomantribune.com/story/2006/6/19/22044/1676


Hope the above links give an idea and inspire others.

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EAD

01-28 07:29 PM

Hi Guys,

How important is NAICS code. Can someone has same SOC code but diffrent NAICS code can interchange . I read only SOC codes, discription and wages matter.Is it true.

Thanks

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lkapildev

11-16 10:47 AM

Yeah many people got the I-140 update who files in July. What was your PD on LC Sub? If you pD was too old then you would have got your GC by now.

May be LC sub cases are jammed now.

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abhisam

07-19 05:54 PM

Hello,

My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.

Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.

Thanks a lot in advance for your assistance in this matter!

- abhisam

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