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  • H1BLegal95
    05-30 01:19 PM
    According to this bill in current form the nonimmigrant should have filed for an immigration peition and the petition should be pending for > 365 days. If not he wont qualify for an extension.

    However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?

    My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??




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  • thomachan72
    09-04 03:44 PM
    Man...in what category they gave you the GC. Is it for your good Gelf english or for your analytical skill. Did you consider the new borns before concluding 'In 1-2 years every one wil be finished.' Come with more ammo (means more Ammunition and dont come with more girls) :eek:

    Not good words to use and not good way to react while in mourning and praying for lost souls brother:D;)




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  • gcwatchdog
    05-10 10:37 PM
    Hello 90210,

    If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.

    I talked to Murthy about this couple of months ago.




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  • leoindiano
    07-09 01:08 PM
    Guys,
    Lot of our friends are waiting from 1998... Please wait, your turn will come.:o

    This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?



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  • honge_kamyaab
    11-15 11:45 AM
    I got canadian greencard and running out of time to land there before my medical examination expires.

    On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.

    Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.

    Please share your experiences and suggest me the safe thing to do.




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  • ssingh92
    05-19 01:37 PM
    If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

    Is number of applications in 2001 and 2002 is > 40,000.

    Its very hard to believe.



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  • cptbaseball
    05-14 11:59 AM
    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .

    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..




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  • rbachu21
    02-03 03:03 PM
    Invincibleasian,

    Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?



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  • jthomas
    05-17 08:36 PM
    Welcome to IV, since this is your first post.

    1. when is your PD?
    If your PD is nov 2008, it would take a long time (many many years) to get your GC.

    I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?

    If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?

    (your questions does not look normal)

    J thomas


    Hi Folks
    1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
    2) I got EAD and I am waiting for my GC.My 140 Is also approved .
    I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
    I believe I applied via NE Processing Center.
    How long before I get my GC.

    3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
    What about the FBI name check thing - is that going to cause delays
    4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
    CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .

    MANY MANY MANY THANKS.
    DHANYAVAAD
    Please somone reply
    Thanks
    Sam




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  • raysaikat
    07-24 08:48 AM
    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!

    A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.



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  • nixstor
    02-23 11:37 PM
    anything that is work related is tax deductable as per my CPA .

    See my blog post (http://nixstor.blogspot.com/2008/02/questionable-business-expenses-on-tax.html)which has an attachment on how the IRS questions when they come with an audit. I am not a CPA and I am not debating what is deductible and what is not. The intent of sourcing that audit letter from a friend and posting it is to show how stressful & painful it will be to pay X amount of dollars and 7 to 8 percent interest on it for the time period you had the money. At least this gives an idea to people what people will need and can keep things together for the business expenses he/she/they claim.




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  • paskal
    12-21 04:36 PM
    /\/\/\/\/\/\



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  • suresh.emails
    01-23 11:34 AM
    Well,

    The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)

    1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.

    2. Wait for 2 days to activate the bar code.

    3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.

    4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).

    5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.

    6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.

    7. Send notarized affidavit for support I-134 form.

    8. All supporting documents

    9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.

    10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.

    11. If you are on EAD/GC, send your copied of EAD/GC.

    12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.

    13. Educate your parents with all possible questions/answers they may face during the interview.

    14. Advice your parents not to lie during the interview process. ask them to answer frankly.

    Let me know if you need more information for visiting visa. I can/may answer all possible questions.

    P.S: My parents got their visiting visa stamped during the second attempt.




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  • ilikekilo
    04-13 06:47 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    my 2 cents

    probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...



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  • BMS1
    08-21 02:16 PM
    So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.

    How long did you wait after your biometrics to get your 485 got approved?

    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).




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  • Green.Tech
    08-06 11:00 AM
    Didn't you know for sure that you were going to stay with employer before asking them to apply GC.

    It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?

    Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.

    If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.

    Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.

    Calm down buddy, no need to get excited!

    FYI. I have been with the employer for ever. It's just that they are now revisiting/revising their GC policy, and I am trying to make sure that the policy makes sense for both the employer and any future employees. And who knows I may have to agree to this policy in future if I decide to redo my GC application :)



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  • maddipati1
    08-13 07:01 PM
    It makes predicting when our applicatios will be done a little harder :)


    what the hell r u trying to say :D




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  • kondur_007
    10-30 04:06 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.


    Thank you very much for sharing this information, this is a very good point; I never thought about it.




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  • pappu
    11-06 10:13 AM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.




    eb3_nepa
    04-13 08:41 PM
    The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law

    http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

    My point exactly.

    So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?




    glen
    08-02 04:45 PM
    interested in charter/car pool
    I am from Tallahassee and interested in travelling to DC for September 13th Rally.

    Anyone else interested from North Florida?

    South Florida members please inform me about your travel plans. I will like to join you guys, in case I don't find anyone from North Florida. Thanks.



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