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05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
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battineni
06-21 01:49 PM
Thanks alot for your detailed reply.
jus FYI...I didn't file AOS, so thats why I'm worrying to change the employer with the approved 140.
My new employer (Company "B") ready to start the process again, but would like to keep this PD.
Once again thats for your reply.
jus FYI...I didn't file AOS, so thats why I'm worrying to change the employer with the approved 140.
My new employer (Company "B") ready to start the process again, but would like to keep this PD.
Once again thats for your reply.
monk097
02-19 09:49 PM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
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nirajnp
06-02 04:55 PM
Hi,
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
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watzgc
11-05 04:27 PM
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
chanduv23
10-16 04:43 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
I am confused by your statement. Can you elaborate?
800k will make majority jumping and fighting.
what is real number again??
I am confused by your statement. Can you elaborate?
more...
jayleno
07-18 11:27 AM
Well guess what a colon and D turns out to be? Havent used yahoo IM in a while is it? :D
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
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danmansukh
02-06 11:05 AM
Question1) Is there anything like a H1Btransfer or is it a brand new application??
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
more...
laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
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terpcurt
December 22nd, 2004, 05:34 PM
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rcauvery
07-23 12:58 PM
Have you received finger print requests?
Is your PD current?
Is the Service Center processing I 485 applications around the RD of your 485 application
If the answer to all of the above is YES, then I was in the same boat and this is what I did
1. Visited the local Infopass office and requested the finger printing review date and name check approval dates.
2. Initiated an inquiry to find the cause for the delay. They take 45-60days to send a reply
3. Contribute to IV and complete the action items requested by the core. This is the only organization who is lobbying for the legal immigrants.
Is your PD current?
Is the Service Center processing I 485 applications around the RD of your 485 application
If the answer to all of the above is YES, then I was in the same boat and this is what I did
1. Visited the local Infopass office and requested the finger printing review date and name check approval dates.
2. Initiated an inquiry to find the cause for the delay. They take 45-60days to send a reply
3. Contribute to IV and complete the action items requested by the core. This is the only organization who is lobbying for the legal immigrants.
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loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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chsundar
04-04 07:02 PM
Thanks for suggestions, let me try and get back ...
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rohiral
04-28 08:47 AM
Hey there
I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?
I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?
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solaris27
06-05 04:41 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
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beautifulMind
07-26 09:56 AM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
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AabTuAgaGC
06-19 09:56 AM
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.
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dvb123
06-01 10:43 PM
We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
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designserve
02-22 12:07 PM
IRS has the recoeds for 3 years only.No sweat!!!
roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
yabadaba
04-22 12:34 PM
it means your case has a new lud
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