Friday, June 10, 2011

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  • hariswaminathan
    10-16 08:45 AM
    EB5 investor Visa is already in place.
    The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.




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  • amitga
    10-21 04:14 PM
    Reviewed by whom? Its not going anywhere.




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  • immilaw
    09-14 02:23 PM
    me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed

    what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?

    what about stamping in a place like Dubai.. anyideas?

    I would go to Canada instead of Dubai.




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  • lost
    02-07 08:56 AM
    this is sad. it will give a bad name to india.
    btw, what religious persecution are they talking about?



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  • hibworker
    06-05 04:06 PM
    You can travel with valid visa and receipt notice of pending petition. If you receive approval while in India your company can send it to you and both you and your wife can get new H1 and H4 stamp

    Your company can reply to RFE without you being present in US




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  • go_guy123
    12-09 10:05 AM
    Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?

    I don't know who is worse the democrats or the republicans ...

    Democratic party is actually horrible when it come to skilled imigrants. In the past the GOP have done for skilled folks like AC21 ets. DNC is for Unions (who oppose the H1B/EB people) and illegals (who like to keep us hostage for amnesty bills).



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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?


    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.




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  • mzafar125
    11-07 04:08 PM
    I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?

    I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:



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  • gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.




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  • broadcaster
    11-08 03:42 PM
    On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.



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  • aristotle
    02-26 02:03 AM
    If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).

    If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.

    As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??




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  • sai
    12-31 08:00 AM
    Did S.1932 say that we have to wait for I-140 approval to apply for I485 ?
    There was lot of discussion regarding this in immigrationportal.com S.1932 thread but I did not know the actual facts.



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  • veereddy
    04-14 12:09 PM
    Congratulations, enjoy freedom.




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  • kaisersose
    06-04 10:30 AM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.



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  • GC Struggle
    04-10 11:49 AM
    Hi Guys -

    I have a question about EAD and related to it is a question of re entry in US.

    I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.

    Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.

    Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.

    If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???

    Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)

    It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.

    An approval for an AP takes considerable amount of time.

    Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?

    There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada

    Gurus - please help me here...........




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  • Aah_GC
    05-05 04:59 PM
    Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.

    Good suggestion :). Will definitely act on that ASAP!



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  • desi3933
    06-12 04:51 PM
    .......
    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
    .....

    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.




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  • snathan
    07-10 12:47 PM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please

    It might be possible. Otherwise you can go for appeal if the approval goes south.




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  • morchu
    05-06 01:05 PM
    Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.

    Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).




    laborchic
    01-20 02:33 PM
    Superb new look... IV gets a facelift along with the nation..
    :)




    ita
    11-12 09:40 AM
    Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.

    I went online to change address.
    It didn't ask for pending case#'s anywhere.
    I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.



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