mp70
07-19 08:15 AM
It is good to carry all possible documents. However for extensions they just check the I-797 along with the DS-156 and 157. They did not ask any other document. Hope this helped. Regards - MP70.
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amitjoey
07-18 01:02 PM
Please post on the media thread as well, to get attention.
pandeyrj
01-02 01:13 PM
I am on 4th yr of L1+H1 & planning to work on EAD for another employer on AC21. I want to know if can switch from EAD to H1 if any issue comes in 485.
Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?
Please reply.
Thanks.
Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?
Please reply.
Thanks.
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gc_on_demand
09-19 11:24 AM
If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?
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suren
10-07 02:35 PM
Thanks for you reply.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
GCapplicant
07-11 10:22 AM
Its nice to see EB2 I moving forward...but will this fail the recapture bill for retrogressed countries?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
more...
gcwait2007
02-16 11:26 PM
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
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webm
09-17 03:31 PM
Keep it up Chandu...Thanks
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roseball
03-20 06:33 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
Also, consider the job satisfaction/career growth you will get by taking up this new job which you said is better than your current one.....Keeping in view the current trend, it will be atleast 5-6 yrs for Eb-2 to come to Oct 2007....Ask yourself if you want to be doing what you are doing right now for that long......I would move on.....
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
Also, consider the job satisfaction/career growth you will get by taking up this new job which you said is better than your current one.....Keeping in view the current trend, it will be atleast 5-6 yrs for Eb-2 to come to Oct 2007....Ask yourself if you want to be doing what you are doing right now for that long......I would move on.....
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andy garcia
09-27 02:07 PM
"Flight Capital: The Alarming Exodus of America's Best And Brightest" by David Heenan describes how many other countries are working to become world leaders in technology. Because of new opportunities in their native countries, fewer ultra-high-talent foreign students are seeking higher education in America.
What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.
Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."
Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.
This guy needs to talk to Lou Dobbs:D
---
What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.
Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."
Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.
This guy needs to talk to Lou Dobbs:D
---
more...
das0
12-17 06:36 PM
Thank you.
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
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rsayed
04-30 03:09 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
...Now, THAT was quite a scare! Thx. for the clarification.
...Now, THAT was quite a scare! Thx. for the clarification.
more...
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sukhyani
04-18 05:33 PM
Can we not create a poll the way we have done in the past where we can see a chart?
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sayantan76
12-18 01:08 PM
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
more...
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kprgroup
02-01 11:33 AM
Update on H1B Extension
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
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waitingmygc
04-19 12:44 PM
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
sledge_hammer,
I like people like you for criticizing the post without any reason.
If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
sledge_hammer,
I like people like you for criticizing the post without any reason.
If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.
more...
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santa123
07-22 07:40 PM
I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
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ksurjan
10-19 08:33 AM
A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.
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moonrah
09-28 07:45 AM
Hi,
Generally FOIA does't give approval notice. But other stuff you recieved should be enough. What date did you use for port of entry, your first one or the latest one?
Generally FOIA does't give approval notice. But other stuff you recieved should be enough. What date did you use for port of entry, your first one or the latest one?
kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
nixstor
09-27 02:11 PM
Lou Dobbs need to talk to Heenan and not the vice-versa :)
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