Saturday, June 11, 2011

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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.





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  • trictrac
    09-08 12:34 PM
    I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.

    also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.





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  • zdash
    10-28 08:32 AM
    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.


    Roseball,

    I really appreciate your input and I think I know my situation pretty clear at this point. :)





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  • coopheal
    12-30 11:14 AM
    I think all Gravitation was saying is PD needs to be after 1st May 2001.

    This is an interesting theory about EB3 ppl moving to EB2 and jamming EB2 as well. Good for EB3 ppl having PB in 2003 at least.

    Although it does scare me that even if 20% people moved to EB2, and EB2 is now stagnant, so how many more are left in EB3 before June 2003.



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  • BharatPremi
    12-20 01:56 PM
    One SHOULD do change of address as under.

    1) Fill AR-11 online
    2) Mail AR-11 (Delivery Signature proof)
    3) Call USCIS for change of address
    4) Within a week take Infopass appointment to verify whether address is
    changed or not.





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  • bbenhill
    10-07 09:32 PM
    Hi, thank u all for the reply .. I will go ahead and go for my vac ..

    i guess I am worrying too much ... :-)



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  • eadguru
    11-07 08:43 AM
    I opened Service Request 10 days back, still no luck.
    Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.





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  • cableman
    08-07 11:50 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron

    I understand your pain. I have master and over 8 years experience. For some reason, my company filed my applicaiton for EB-3 *&@#$%^ :mad: I don't understand their intention. I asked HR why and they answered that this was "Company Policy" *&@#$%^ :mad:

    I am also actively looking for a new job which will file EB-2 for me. Let's wish both of us good luck!!



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  • GCNaseeb
    10-30 06:04 PM
    I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.

    My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?

    Gurus please advise.

    http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1





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  • sam_hoosier
    11-12 03:44 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.



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  • martinvisalaw
    09-27 06:12 PM
    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.





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  • gcseeker2002
    04-28 05:50 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.
    There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.



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  • vvrmurthy
    11-21 05:08 PM
    Hello tdasara,

    I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
    I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
    So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).

    All the best!





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  • wandmaker
    10-22 11:42 PM
    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).

    he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)



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  • panduputhran
    08-26 11:11 PM
    I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.

    Please let me know.





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  • gcny2006
    07-11 12:14 AM
    We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .

    May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people


    lets not over do it. There is a thin line between it being tolerated and backfiring



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  • rkumar18
    07-09 10:22 AM
    Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!

    How do we report this stuff to DOL? Is there any email ID?





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  • Macaca
    01-28 09:03 AM
    There is a pledge for $75 and recurring pledges in another forum.





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  • hebron
    10-05 09:43 AM
    How about Bangaram Islands, if you like snorkelling ..





    Dhundhun
    06-26 04:13 AM
    ...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.

    But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
    -- When a person is having vaild H-1B or H4 visa
    -- When a person is already having AP and is returning within the validity existing AP.





    lax999
    07-18 05:35 PM
    Hi,
    I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
    Even i am worrying what would happen with my application.

    LK



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