Saturday, June 11, 2011

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  • phillyag
    01-22 10:16 PM
    DO we guys have a plan, a project ?
    How we want to approach these critical subjects ?
    How are we using the funds ???
    The reason why I am not contributing is I dont know where the money will go or is goin right now ????





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  • team trim
    03-23 07:28 PM
    Hello,

    My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.

    My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.

    Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?

    Thank you,


    Team





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  • drirshad
    06-22 05:46 AM
    Be fast u only got a month ....

    Get in touch with a good attorney, call shusterman.com and get an hour of consultation charges for u.

    Tell him the situation, give him the two options. He will point you in the right direction. Remember July is the only month you have a chance. August and retrogress can kick in for Indians.

    Let me add one more option to the above 2. Talk to your employers thru whom you got the approved I-140 and ask them to allow you file the I-485 since GC is for future employment u don't have to be working for them for filing I-485 now once 6 months are over with the 485 filed you can port it to ur current employer. Email me if u have questions dr_irshad2001@yahoo.com

    Good luck & hurry ...





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  • alex99
    09-28 08:51 AM
    Please advice....



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  • sweet_jungle
    12-12 12:51 AM
    went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.





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  • sundarpn
    01-02 06:33 PM
    Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?



    I have the same question and a few more:

    I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).

    So what are the problems/implications becasue of this? Are we still on H1b status?

    Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?

    In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?

    I understand that these are very low level questions and better to consult an attrorney etc.



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  • ryan
    05-27 04:13 PM
    Thank you for your advise and hostility. I understand your frustration.
    I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
    My sincere advise to you is better you learn how to answer to a question and
    focus on things along with correcting others.
    It would have been nice if you post some useful reply which would help some one.

    Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.





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  • harsh
    01-05 02:14 PM
    To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.



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  • veni001
    11-05 06:55 AM
    Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
    140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
    This is what I get from watching several discussions on various forums. If you have other information please post.

    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.





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  • pkv
    06-06 04:34 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,



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  • colors
    09-04 11:47 PM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance





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  • kanshul
    02-01 10:08 AM
    Honestly you are not in very good shape. You can't use AC21 so can't port your GC.

    If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.

    Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.



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  • getgc2008
    07-31 12:32 PM
    Yes my lawyer confirmed that I140 and I485 has to be filed at the same location.





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  • radhay
    04-09 02:27 PM
    looking at your handle you might be working for IBM. Not sure if they are still using Fragomen law firm.
    You don't need to get H1 stamping done if you have Advance Parole. Some firms may be suggesting their clients to renew H1B so they can charge bunch of fees. Since it is no cost for you it works in your favor as having H1B and EAD as backup doesn't hurt.



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  • snathan
    08-25 10:54 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.

    Yes. thats the law.





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  • cygent
    12-01 08:48 PM
    Thanks coopheal,

    Just sent in $100 Transaction ID: 1HH11588973388432

    C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!



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  • champu
    03-04 06:00 PM
    congrats ..u got it after 15 years ....Now start waiting for citizenship for another 5 yrs and your half life would be over..

    My HR told me some of the 2003-India-EB3 got RFE. Looks like we are getting there. Thanks





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  • gcbikari
    03-18 11:57 AM
    Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.

    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.





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  • venky321
    02-24 12:53 PM
    Its probably a good thing that LCA laws are being enforced. If a person hasn't gone on the bench and has a valid LCA, I don't think that person would be affected by this.

    Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.





    panky72
    08-02 09:30 AM
    Great news indeed.





    eilsoe
    10-08 10:56 AM
    After half an hour in PS, I can now say... thats I was wrong... not inspired anyways...

    Made some crap thats all...



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