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  • Hinglish
    01-07 09:21 PM
    Hello miss neha ,

    Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

    your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

    The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

    Regards
    Hinglish

    I did my MBA in one of the premium university in USA.
    My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

    I applied for H1-B in FY 2008 under master quota from a small consulting company B.

    My case went into RFE so I left USA on 30-Sep-2008.
    I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?


    Thanks,
    Neha





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  • Michigan123
    07-24 10:28 AM
    usabal has put LNU .
    Given Name in passport - ABC XYZ
    surname -

    All GC related document's name
    ABC XYZ ,LNU

    so bottom line is that Given name becomes first name and LNU relplaces surname (last name)

    I do not know if it is correct but this is the way they have filed for me.

    It is very interesting SSN has ABC XYZ
    485 has ABC XYZ,LNU (LNU,ABC XYZ)
    H1 has FNU ,ABC XYZ
    EAD has LNU,ABC XYZ

    -What a mess


    -Ali





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  • amsgc
    03-31 03:08 PM
    This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
    Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.


    Immigration and Tax Filing are not at all related.





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  • desi3933
    06-23 12:38 PM
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.



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  • dagabaaj
    02-11 12:08 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.





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  • hyderabad123
    01-04 01:51 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance



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  • Rb_newsletter
    09-21 06:31 PM
    My previous employer got to know about this and sued me for stupid and fake charges.

    What was the fake charges?
    In which state you and your employer were then?





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  • gv007
    06-19 06:28 PM
    Im still stuck neck deep in the PBEC quagmire.
    for PBEC - What numbers are you guys calling ?

    GA RIR
    PD - Oct 2003
    NOF - received March,
    NOF - PBEC received April 2
    still IN PROCESS


    My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

    Have you guys heard anything like "notice of forward"( it was something like this)...

    These LC people in dallas are killing me..!


    DB



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  • xbohdpukc
    03-27 10:12 PM
    I think the main point (and the most expensive one) is how you advertised your position and what requirements you put in printed ads. You can refile PERM and get a decision quite easily if you can find a wiggling room in your ad to squeeze your MBA degree in those reqs.

    Good luck to you!





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  • eagerr2i
    11-06 03:28 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.



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  • kate123
    03-07 01:49 PM
    Hi Smuggymba, very sorry to see you in such a situation...

    It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

    My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

    Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

    All the best





    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.





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  • shukla77
    07-23 10:22 AM
    I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.



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  • kaisersose
    10-15 09:34 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The correct term is Offshoring.

    Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

    Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

    Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.





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  • gg_ny
    09-18 10:16 AM
    A naive question: why post 2004 -is there a reasoning behind that or is it just an arbit cutoff date for sake of discussion? I am just being selfish here (my PD is Dec 2004).



    Friends,
    I had created this thread to share ideas on what we can do, given the grim situation we are in. I will really appreciate if others come up with ideas and make it part of this thread.



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  • Quadrucle
    09-15 12:39 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks





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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.



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  • alterego
    08-06 01:10 PM
    Congratulations.

    Enjoy your new status.

    Hope you will stay atleast partly involved. You have been tremendously energetic in you activities. We are all happy for you.





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  • kumarc123
    01-15 03:55 PM
    I agree.

    Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

    Maybe they should also keep it low key so less people oppose it;)

    Send it through when Mr.King is on vacation:D

    Guys please call her office number and speak to someone in immigration and request them for her to re-introduce visa recapture bill.



    Please lets focus on this, please call, also include your intentions of buying homes.



    Please Call





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  • plshelpme
    09-22 12:04 PM
    my labor is in audit. how long does it take to clear?





    mhathi
    08-25 09:23 AM
    Hi kondur_007,

    Now can i do the 140 premium processing,to know the result asap.

    If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

    Thanks for ur response.

    Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.





    mallu
    03-04 09:31 PM
    It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.

    Now USCIS has started finding other reasons , so that their processing times can become sane. "Additional Review" , "RFE for documents issued by INS 10 years ago" etc.

    And one example : http://boards.immigration.com/showpost.php?p=1871043&postcount=2902



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