الجمعة، 1 يوليو 2011

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  • anilsal
    01-28 10:55 PM
    the change in salary ($76K to 120K) is a cause for concern. It depends how long ago you filed your labor. If it has been greater than 5 years, IMO the salary change may be ok. Rather than the titles, the job duties have to reasonably match.

    -------
    Not a lawyer




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  • Beasle
    07-11 07:28 PM
    My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.

    From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.

    My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.

    As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.

    Questions:
    Recap eligibility
    - Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
    - Do travel dates also count or only full days abroad?

    Recap filing
    - If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
    - Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?

    Filing after PERM approval
    - What are the next filing steps if I get my LC approved before / after October or December?

    My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?

    I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?

    Thanks for any tips and advice.




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  • gcformeornot
    01-20 01:19 PM
    filing. Only old employer or his lawyer can get information.
    I have seen people using FOIA to get 140 info... but it takes longer time....




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  • jkamel5
    04-07 04:48 AM
    Hi,
    I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

    My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

    As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

    Please advise me if I should stuck with the company lawyer or it does not matter?
    Thanks



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  • Abacus101
    05-12 01:30 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.




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  • Dalai Lama
    01-17 12:49 PM
    I applied for H1B extension, the receipt I-797 I received is showing my Case Number starting with WAC---xx�xx-xxxxx.

    When last time I applied it used to start with EAC-xxx.
    I am little confused, if anybody knows why it is like that. Please help me

    Thanks in Advance.

    Dalai lama from Tibbet



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  • Can45
    03-04 10:07 AM
    I am now "current" with Nebraska and the latest Visa Bulletin. I have completed all other hurdles (including finger printing) how long should I expect now to wait now for my green card to be adjudicated ?

    Also, I have no idea about the FBI name check.. How do you even know if your file is being held up because of an FBI name check ?


    My status
    The March 2008 Visa Bulletin indicates they are proceessing up to priority date of 01 Jan 2005 (my PD date is Jan 2004)

    And

    Nebraska Service Center Processing Dates -posted Feb 15 2008- indicates a I-485 EB �processing time frame� of July 30th 2007 (my receipt date is June 12 07/Notice date July 10 2007.


    Perhaps some of you had a similar experience and can kindly share how long you waited in the final step for the GC once you were "current".

    thank you !




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  • dohko
    04-07 09:59 AM
    How long will it take to get a green card in this category with a PD in 2008?
    Will it be better to find another Job and go EB2? My H1b started in Oct 2007.



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  • dummgelauft
    03-25 09:49 AM
    ..Wadhwa,...Dalmia...all desi names. Well, Anderson Cooper is american. But what I mean is that the authors of such articles and studies are almost always Indian origin people.
    While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
    Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.




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  • kirupa
    07-19 04:35 PM
    Hi jkid,
    Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.

    Cheers!
    Kirupa :)



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  • pod1
    10-21 12:42 AM
    I am in 6th year of my H1B. It is expiring in Aug 2011.

    Here are some details:
    - My I-140 is approved with a priority date of Aug 2006 under EB2-India.
    - I did not apply for I-485 so I do not have a EAD.
    - My wife is also on H1B which expires in Aug 2012.

    Here are my questions:
    1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
    2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
    3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
    4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
    5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?




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  • clarify21
    11-25 03:29 PM
    Hello everyone,
    I have an H1-B from my current employer and my green card is in process. I have received my EAD.
    I would like to work parttime at a different place while working fulltime with my current employer. There are soooo... many forums which talk about not using EAD with H1-B since this will cause the H1-B void.

    Is there a USCIS source where we can get a clarification of using EAD with H1B? Looking forward to your replies.

    Thanks!



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  • vallabhu
    04-09 11:45 AM
    Hi rbashir,
    Did you apply for H1 extension and can you update us with the result.




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  • acecupid
    03-13 01:58 PM
    Hi to all,
    I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?

    Have you read the 'About Us' section on ImmigrationVoice ? This forum is not for helping illegal immigrants. It is meant for legal immigrants and their issues.



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  • little_willy
    07-22 05:21 AM
    Yes. This can be done when applying for I-485. I don't know why, but couple of lawyers I spoke with, recommended this route.




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  • skarthy
    11-30 05:43 PM
    Hi anyone else in the same situation ? any other prespective ? would really appreciate that.
    Thanks.



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  • transpass
    09-26 04:50 PM
    We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us

    Join your state chapter, they will be able to help coordinate and get contacts and visits etc.


    I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...




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  • masterfender
    04-26 09:28 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.




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  • sanju
    02-07 03:18 PM
    I have valid H1B visa in my passport.
    Can I travel to India via London.
    Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.

    -------------------------
    For transit flight through London (i.e. UK)
    -------------------------
    If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at London. If the visa is not stamped in you passport, say you are carrying advance parole travel document, in that case you need a Transit visa.

    -------------------------
    For transit flight through Paris (i.e. France)
    -------------------------
    If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at Paris. If you are carrying advance parole travel document, in that case too you do not need a Transit visa at Paris.


    Hope this is useful.




    rameshk75
    02-14 06:52 PM
    Here is my suggestion:

    Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

    If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

    Hope this helps.

    If am in your situation, i will go with the above approach...




    gjoe
    12-28 07:02 AM
    My efiled EAD went to TSC. I sent my copy of my approved I140 and I485 as supporting documents. I got my biometric notice in a weeks time and in a month I got my EAD card. But I guess you need not send any supporting docs because you can give your I485 and I140 number in the online application itself.



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