Saturday, June 25, 2011

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  • desi3933
    08-25 11:58 AM
    Hi there,

    My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.

    She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).

    My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Thanks,

    >> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Yes. But she may need to use EAD in that case. Please check with your lawyer.

    _________________
    Not a legal advise.




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  • Quest99
    09-14 03:54 PM
    You started working for Company B before or after the H1 transfer receipt notice ?
    is LCA for H1 filed after you joined company B - is it legal ?
    Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
    Sorry I should have been more clear.

    I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.

    I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.

    I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.




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  • dummgelauft
    04-13 12:40 PM
    You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal

    If there was the slightest doubt that you are technically qualified person, you removed it 100% by by giving that equation Ebn(n>1) LOL!!




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  • roseball
    08-04 07:46 PM
    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.

    If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.

    If I were you, I would get my family here on L visa and then file all the COSs at once.



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  • kumar1
    12-08 12:16 PM
    Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.

    Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.




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  • sanjay02
    10-15 04:38 PM
    moneyreallymatters.com



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  • mrdelhiite
    08-07 10:57 AM
    Though its not mentioned it is good file I-134. You are not eligible for I-864.

    Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->

    Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.


    Thanks a ton for your help guys. :-)
    -M




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  • alterego
    04-09 11:20 PM
    Take the offer on EAD as you are now legally eligible to do.
    In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
    Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
    Consult a good attorney to get their professional advise.



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  • pappu
    04-13 11:16 AM
    We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.

    Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.

    No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.




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  • mps
    04-21 02:25 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.

    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards



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  • gc28262
    07-12 12:31 AM
    Are all these paper based filings or e-filings?

    I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.

    Mine was an e-filing. However my FP scheduling was quite weird.
    I had my FP scheduled for 11/13
    but my Card Production was Ordered on 11/12

    I still went ahead and gave my FP on 11/13.




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  • eb3_nepa
    04-13 09:16 AM
    Hello,

    There was a lot of talk about the time between the passing of the CIR and it's implementation. I was wondering exactly how much time would it take from the time the bill was passed (assuming it had our provisions) and it actually becoming a law. Some say 3 months some say 6 months. What is the real number?



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  • aamchimumbai
    09-04 11:46 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....

    My main question is:

    Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?

    I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.




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  • EndlessWait
    05-01 12:09 PM
    If old I-140 has not been revoked, you are entitled to the old PD.
    8 CFR 204.5
    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
    it it was not fraudulent.. that's what my lawyer told me



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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..




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  • GCaspirations
    10-02 11:53 AM
    Can one apply for Social Security # after getting EAD card ?

    Once you received your EAD card, you can apply for SSN.



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  • akred
    02-24 04:23 PM
    Isn't there a state which needs a valid visa stamp in order to issue a driver's license? You need to be able to drive to work, therefore visa stamping travel and expenses can be justified as work related expenses if you happen to work in that state.

    On a related note, there may be a profitable business somewhere in offering tax penalty and audit "insurance" for deductions ;). Pay a premium to the insurer to cover the value of your deductions and the insurer will pay up in case the IRS disallows the deductions.




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  • nocomment
    09-27 04:41 PM
    Why would IRS care how you perform your full time job. IRS's responsibilty is to collect taxes on our earnings, and it doesnt matter you trade 100 or 1000 stocks per day as long as you file schedule D.

    Short term trading is gambling, you wont come out of the game until you lose. Long term is the way to make money.




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  • kartikiran
    11-09 05:21 PM
    Done.

    I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.

    Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.

    Only reason, I am not sure where my life would end without knowing an answer to my green card application.

    I think this is a key point which is missing in the survey.




    hopefulgc
    08-30 07:36 AM
    Not illegal if you are also present in the recording.

    - son of a lawyer... not a lawyer myself.


    Isnt recording conversations without the consent illegal? :confused:




    lazycis
    05-07 01:22 PM
    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.



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