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  • lecter
    July 26th, 2004, 09:13 AM
    semi??? ohhhhhhhhhhhhhhhhhhhh!!




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  • eagerr2i
    07-20 05:18 PM
    Temp # does not allow her to work. For working, she needs to find an employer that offers her a job and is willing to do a H1B. That way is the only way you can work if you do not have GC or EAD

    Click on the Teacher Credentail Program on the Link below

    http://www.csupomona.edu/~ceis/academic_prog.htm#tcp




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  • jatinr
    09-05 10:50 PM
    [QUOTE=nirajnp;160331]Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
    No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.


    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's


    Thanks

    I am not a lawyer, am answering based on my limited knowledge on this subject




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  • karthik_may
    07-18 07:01 PM
    No change in address since 2002..

    Yes. Printed the status of pending with timestamp.. I just checked case tracking website and still shows pending.

    The biggest frustration is we have lost 2 years due to lack of information.

    Would contacting IO using InfoPass be a issue here? My attorney does not want to contact IO, as he is afraid that might confuse the case..



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  • gcdreamer05
    10-22 12:17 PM
    Good morning everyone!

    I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.

    Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.

    Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?

    I really appreciate any hint/advice and thank the helper(s) in advance.


    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?




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  • gc_in_30_yrs
    01-22 06:59 PM
    "thank you" looks a small word but it is the only word i have to convey my thanks.

    fighters wont stop fighting until they win.
    we are fighters.



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  • maverick_s39
    01-13 06:05 PM
    hi sathweb

    Here is a link i found on immigration.com

    http://www.immigration.com/newsletter1/submemoins.html

    The last section "C. Disposition of Substitution Requests" says

    "
    If the service center determines that the substituted alien meets
    the minimum requirements set forth in the initial labor
    certification application as of the date that it was filed with the
    state employment office and the I-140 petition is otherwise
    approvable, the I-140 petition shall be approved and processed like
    any other I-140 petition. The priority date shall be the date
    which the original labor certification application was filed with
    any office within the employment service system of the DOL. See 8
    CFR 204.5(d).
    "

    This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.




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  • lifestrikes
    03-28 03:22 PM
    Hi all ,

    Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
    We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
    So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
    What would be the travel tips ?
    Our plan is-
    1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
    Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?

    Traveeling is also difficult

    2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
    what ever is easiest for us ?
    For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .

    For deluxe, never travelled so need tips.
    Or better to take train ,go to railway station.

    I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.

    Please throw in your valuable suggestions to make our trip easy and better usage of time.

    My 2 cents..

    My brother reached Chennai early morning 2 AM and had visa interview at 9 AM. He took the risk and flight arrived on time. This was Mid-Feb 2011.

    I had his visa interview details, so just in case there is flight delay, I was going to inform VFS about travel delay and cancel his appointment. "No show" will get you like 90 days ban.

    I would do the the following - book a hotel room near consulate, leave the bags in hotel, complete the interview, then rent a taxi and to final destination. this option will be convenient compared to bus and train.



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  • Canadianindian
    07-14 09:24 AM
    It will update on a daily basis..So please keep posting your signatures
    Signed and emailed to 10 friends




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  • desi3933
    05-10 06:12 PM
    Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? .......

    ....

    Thanks for you help.

    Assuming that you have I-485 application pending, the status is applicant to adjust status.

    If you have EAD due to L2 visa status, then your status is, of course, L2 status.



    _________________
    Not a legal advice.



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  • srini1976
    03-22 08:56 PM
    This is from murthy.com

    TRAGIC ACCIDENT - We regret to inform you that four students from Andhra Pradesh, India died and one is critically injured in a fatal car accident which took place in Missouri. Our condolences go out to the families of those who did not survive.

    TANA, along with the local Telugu Association of St. Louis, is raising funds to care of things related to this accident and to help the families back home. Please visit and donate online at www.tana.org/donate. Select donation choice - Team Square.




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  • sunimmi
    06-11 02:29 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.



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  • insbaby
    07-23 05:26 PM
    *** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***




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  • payur
    07-14 03:35 PM
    what do they mean with "USCIS expects to provide in time-compliance for receipting of form types listed below:" and then lists the date 7/18/07 for I-485 in Nebraska Service Centre.

    I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.

    Is yours EB2?

    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.

    Will have to wait another 2 weeks to know the facts.



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  • eb3_nepa
    02-08 04:46 PM
    Greenever i totally support that view. I am all for trying to contact the ministry incharge. All i meant is, if it does not work out, we shudnt start throwing insults at the Government. We pay ZERO taxes in India and technically do Nothing worth writing home about for our country or it's government.

    U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.

    Thoughts anyone? :)




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  • ArunAntonio
    08-21 08:07 PM
    Cant make it to the DC rally?
    Sponsor someone else to represent you.

    Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441



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  • go_guy123
    09-16 03:17 PM
    I knew it was gonna happen, first it was horses, now its health....:(

    "
    <b>Health Care First Or Last</b>

    Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "

    Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)

    This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.




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  • gc_check
    02-13 04:34 PM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,

    What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.




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  • morchu
    05-04 12:21 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.


    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.




    allen_1974
    01-23 01:41 AM
    Ask your H1B holding company what should be your reply in case Consultate asks you about client details. This question will come to you 100%. So prepare for it. If you and your H1B holding company is satisfied then its fine. One solutions could be to mention in DS 156 that you are workking at your H1B holding company place. But its just a thought. Discuss it with your company.

    Best wishes




    addsf345
    11-20 04:21 PM
    Co-sufferers,

    Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

    There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

    I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

    Thanks all for sharing.:)

    I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.



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