Monday, June 13, 2011

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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.




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  • lord_labaku
    09-21 09:15 PM
    If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?




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  • lostinbeta
    11-16 04:10 PM
    Hey mdipi, in the rules stated by Dan...

    Theme: Grunge Image
    Programs: Photoshop (imported images can be used)
    Size: 200 x 700
    Time: November 20th

    That is an exact copy and paste, it says imported images can be used. Also, even if it isn't stated, I think it is implied that you can.

    Just be sure they aren't copywrited because then you can get in copywrite trouble :(




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  • sai_srinivas
    05-22 08:28 PM
    Eb3



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  • masala dosa
    08-31 06:36 AM
    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485

    Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
    for exampe MBA from INSEAD




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  • eb3retro
    08-21 01:15 PM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)



    hi jazzbythebay,

    i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...



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  • pappu
    04-10 12:03 PM
    Bumped

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.




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  • ksurjan
    08-14 11:56 AM
    I am also in the same shoes as you. Been here 9 years, filed GC in 2002, still no end in sight. I recently got a job offer from back home. Decent offer, I am told by friends, enough to sustain a good lifestyle and then save some. I am seriously comtemplating going back.



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  • ashkam
    03-24 11:57 AM
    Banks send you the 1099-INT form which is allowed on H1B. This is different from the 1099-Misc form google sends you (http://www.adsensetaxes.com/) which makes Adsense a business income. That is not allowed on H1B.




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  • Anders �stberg
    July 18th, 2004, 12:04 PM
    Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.

    Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p



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  • redelite
    08-26 04:01 PM
    fixed.... http://www.kirupa.com/forum/attachment.php?attachmentid=47721&stc=1&d=1219780843


    //Edit: woops.. sorry for double post




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  • amitga
    01-25 11:17 AM
    Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.



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  • lost
    07-09 01:12 PM
    its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!




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  • krishmunn
    02-14 09:53 PM
    Big 5 has their own internal queue. What they mean by 6 months is after 6 months they will put you in the queue.
    For Desi consulting corp-corp, there are some tips by various attorneys including Attorney Khanna (immigration.com). Attorneys are suggesting how to maintain reporting relationship with employer. Follow those practices and consult a good attorney for more suggestions and I believe you should be fine



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  • prabirmehta
    03-22 02:56 PM
    Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.

    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.




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  • lskreddy
    07-02 04:36 PM
    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.

    I didn't imply that you were saying that USCIS is approving based on PD's. I agree with your statement in full that they processed EB2 I140's to utilize the visa numbers.

    But, approving that are not eligible for those visa numbers (like mine) are also happening in abundance and that to me is just weird. It is prioritizing one application over another for no apparent reason.

    I have no complaints as I benefitted from it but on the other hand it makes me fume as my other has been pending forever.



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  • gc_lover
    07-23 08:04 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks




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  • BECsufferer
    02-11 07:45 PM
    Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?

    Last one worked quite well. Kudos to those to made it success.




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  • GCOP
    09-24 11:39 AM
    I was just thinking from the view of the people who are opposing have argument that, new American Jobs will be taken away. In my first post, I have written that we have not thought of or do not want to think about dropping FB Visa recapture. But it was just a proposal that we can tell those people that no American job will be lost. I am not against Family based immigration or any kind of immigration. This idea was just put forward for those Groups who oppose immigration due to fear of taking away new American jobs.
    PLEASE CLOSE THIS THREAD.
    Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?




    ivar
    10-05 02:33 PM
    Your ID is offensive, TelanganaINDIA

    It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.

    Stop generalizing and don't hijack the thread. If you have nothing to contribute to this thread keep away and take your frustration some where else.




    Lasantha
    12-13 09:25 AM
    How come you got two red square thingies with just one post? :confused::eek::cool::D

    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram



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