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  • desi3933
    03-01 10:38 PM
    Hi,

    I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.

    RFE is

    All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.

    I came to US on 2006 feb, the attorney is submitting my W2s on Monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.

    As my 2006 W2 is not good , does it effect my H1B transfer.

    Please let me know your thoughts.

    Thanks

    When was your last entry into the US on H1-B visa? You need to prove that you are maintaining status since last entry only.


    ____________________
    Not a legal advice
    US citizen of Indian origin





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  • watzgc
    03-05 06:31 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    "H-1B
    May-22-2007
    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated
    thanks,
    smads

    1. you have renew ur passport
    2.file for extension quickly

    one of my friend was in same situation and he did the same thing.





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  • desidude
    12-22 10:12 AM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.


    Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.





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  • ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.



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  • PD_Dec2002
    07-07 09:38 PM
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)

    Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.

    In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.

    Thanks,
    Jayant





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  • satishku_2000
    08-10 05:05 PM
    may be he is not from india :D

    May be he or she has a spouse whose birth country is non retrogressed .. :)



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  • arnab221
    11-21 03:09 PM
    The airlines generally take them away and send it to USCIS.





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  • adibhatla
    06-16 11:52 AM
    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"

    Hi Chandu,

    Could you tell me what needs to be written to the congressman (looking at the content).

    Appreciate your help in this regard.

    MA



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  • sunny1000
    12-14 12:15 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.





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  • texcan
    03-02 12:02 AM
    Hi,

    Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

    I already requested my ex-employer not to revoke my H1B.

    My questions are �

    1. How much time I will get to transfer my H1B ?
    2. What about my families H4 visa status ?
    3. If it is out of status issue , then what should me my immediate action ?

    Thanks in advance!

    There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.

    Now since you have already applied for transfer, it makes more sense to wait for result/approval.

    you family's h4 status is tied with your h1 status.

    IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.

    HTH and sorry to hear about layoff. Hope it will work out for you.



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  • gbeltrao
    08-30 04:42 PM
    My wife had her fingerprinting done about a year ago. Same happened for the medical exam. I had my I-140 approved and we're now on the I-485 stage. Yesterday my wife received a letter scheduling an appointment to do a biometric at our local uscis office... what is this biometrics about since the med exam and fingerprints are done? Would this be for the final interview or are there an specific letter for this? :confused:





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  • sss9i
    07-20 11:37 PM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.



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  • vactorboy29
    07-17 07:04 PM
    I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.

    Thank you





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  • shirish
    02-05 01:34 PM
    There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
    One of my firend is doing her residency from harbour hospital in Baltimore Maryland. I know from her there are many indian nad pakistani docs there on H1b.



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  • cool_desi_gc
    03-06 11:04 PM
    You will get an RFE from USCIS.You can reply to the RFE with the Medicals.





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  • raysaikat
    07-13 01:15 AM
    Hi Ann:

    I would like to ask related questions in this thread..

    what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
    If you enter US on a non-immigrant VISA such as F1 or B1/B2, your GC would be considered abandoned.
    Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?

    Many many thanks for your response...

    You must be physically present in US to submit I-485.



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  • amitga
    08-24 01:29 PM
    Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.





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  • perm2gc
    08-14 03:34 PM
    Mr.Bush when you will think of US other than cubans and mexicans..:confused: :confused: :confused: :confused: :confused: :confused: :confused:





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  • gandalf_gray
    06-02 11:18 AM
    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status


    Surabi. thanks a lot. gave a good insight. will contact an attorney.
    but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
    So even if I apply for L1 extn, I dont know which might get approved first !! .
    does that change anything ?





    shyamiv
    08-13 11:45 AM
    USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.

    The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)





    Pagal
    09-16 03:43 PM
    Hello,

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