Saturday, June 11, 2011

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  • thomachan72
    10-19 09:35 AM
    Has anybody done that?
    Questions;
    1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
    2) Has the new job title and responsibilities be very similar to the old one?
    3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
    4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?

    It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.





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  • AmitBohra
    04-17 10:23 AM
    Hi Gurus,
    Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.

    I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.

    Thanks
    AB





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  • karthiknv143
    04-13 05:19 PM
    How long does it take to write a bill? Wow.. Immediately after the mad rush for H1, there is a bill out in just 10days to give the relief. Guess the bill must have been written well-ahead anticipating the reality.





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  • Husband: Steve Howey (2009 - .



  • bp333
    11-04 12:49 PM
    Remind me again, why do we pay these attorney big dollars for??
    This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

    Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.



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  • GCBy3000
    07-11 05:02 PM
    Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..





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  • ashkam
    03-23 03:35 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.



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  • Raj Iyer
    09-13 12:45 PM
    No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.





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  • j0se
    09-14 05:28 PM
    ok, i give up!

    david: the text effect on your page is nothing short of stunning!

    i didn't want to do the newby thing and ask 'oh! how is it done?' so i went away and tried to do it myself (ha!)

    i tried masking the text and having all sort of thing tweening in underneath, but i can't get the rays to beam out like that

    just one question: is it done in actionscript?

    PS if you want to take your secret to the grave i won't think anything less of you! :D



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  • ksrk
    01-07 08:37 AM
    Hi,

    I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
    Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
    Also, In case if she stays for long, can I apply for a new AP for her when she is in India?

    Thanks in Advance.
    AJ

    Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
    And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.

    Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.

    murthy.com has a good article on this exact point this week...check that out too for further clarification.





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  • natrajs
    12-16 02:07 PM
    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....

    Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08



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  • san3297
    03-25 11:17 AM
    You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.

    Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.





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  • newbie2020
    06-12 07:11 AM
    Now as mentioned by multiple people some things are not clear

    Here is my situation:
    a. H1 Expires Dec 31 2008
    b. Perm applied 02/2008 and approved 04/2008
    c. I-140 applied and pending since May 2008

    As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.

    Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??

    given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.

    Any thoughts...



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  • hellomms
    02-12 11:34 AM
    Should have asked this question a year ago. Sorry, not rubbing it in but if you had applied last year you probably would have had your PErm approved and possibly 140.

    Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485





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  • sathishkrish
    07-23 08:54 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...

    If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.

    I dont know what else to say as far your situation is concerned - Good Luck!



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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.





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  • ups
    05-07 02:59 PM
    I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.

    You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.

    Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport



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  • saibaba
    12-07 06:53 PM
    guys,,
    where can I find these codes related to my present(per GC) and other jobs i'm looking around to fit in my original job designation and responsibilties?

    Like the intiator in this thread came up with some job/occupation codes which starts with 15 - XXXX ..he talked abt getting it from the approved Labor

    I have access to my approved Labor and I-140...but where can I find these codes in those documents?





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  • venky08
    11-02 11:17 PM
    time is running out...looks like they will keep on playing this game till the elections...unless the media kicks in and starts painting the negative picture about the plight of employment based immigration. currently its only is dominant in newspapers etc. the visual media is still dominated by likes of Dobbs.

    one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov

    i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.

    i may be too naive but nevertheless why miss the opportunity to spread the word around...





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  • number30
    03-18 03:56 PM
    I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I’m in my 6th year and just started my Labor process with the new company.

    My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

    How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)

    What is the wage mentioned on LCA for the H1 ? Is it more then 50K?





    mdipi
    11-17 04:16 PM
    dont close it...i gotta round up 6 votes...





    RandyK
    10-29 03:04 PM
    This could be an opportunity.......unfortunately there aren't many to choose from��.



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