Tuesday, August 2, 2011

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  • Legal_In_A_Limbo
    04-28 11:43 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.





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  • pmb76
    07-17 05:42 PM
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think due to rescinding of the July visa bulletin dated July 2 there will be severe retrogression starting October 2007. Your friend should apply for I-485 now and he can turn in a follow-up I-485 for his wife after he gets married. You have to just hope that the priority dates do not become current before that. If there is any inklink of that happening in Oct bulletin I think he should try to get married sooner.





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  • leo2606
    11-13 09:41 PM
    Why does he need to wait?He is talking about previous employer.

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)





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  • BB_1976
    06-17 09:20 AM
    My H1B expires in Oct 2006, I applied extension for my 7th year and got approval till Oct 2007, based on pending labor with company A. I am planning to change employer soon. They are planning to file my Labour before end of 6th year. Still I am confused. My 7th year starts from Jan 2007, will this H1B be valid even if company A is withdrawing my application or even if the company closes?

    I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC

    I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.

    Please advice. I really appreciate your help.

    thanks:)



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  • good idea
    03-13 09:08 PM
    Since few people are not happy with this thread, please delete the thread.





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  • jsb
    02-02 10:21 AM
    Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.

    Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.

    Cheers
    Praveen

    "Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.

    It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.



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  • bigboy007
    02-25 10:13 PM
    I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....





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  • waitnwatch
    07-06 11:02 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?

    Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.

    Any help please.............



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  • Winner
    06-18 03:39 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)





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  • dc2007
    07-25 10:55 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.



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  • freedom1
    01-24 12:37 PM
    I turned out to be my I-485 approval notice!

    I just received it yesterday.

    Thanks all.

    Freedom1.





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  • AllVNeedGcPc
    10-20 12:10 PM
    ...just three soft LUDs in 18 months

    - NSC Filer



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  • helpfriends
    04-15 10:44 AM
    Hi,

    Is it legal to come here and work while waiting for an L1 visa. This person(not myself) arrived on an I-94 Visa waiver with full knowledge, worked during that week while waiting for their L1A non-immigrant application to be approved(week later). Please advise. What are the ramifications of this once its passed or immigration finds out?

    Thank you for your assistance.





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  • pani_6
    08-24 09:27 AM
    I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...



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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?





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  • ram006
    07-19 07:56 AM
    Thank you all for reply. I'm refiling my wife's 485 today, fingers crossed! Will update the forum as I get any info from USCIS.



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  • maverick6993
    09-01 02:49 PM
    You should be ok to come back with an AP.





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  • royus77
    05-30 06:40 PM
    my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
    so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.

    the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:


    Washington DC is same day if you drop and collect in person ..last year i renewed the same





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  • corleone
    11-09 10:22 AM
    So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?

    There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"





    karthikdurai
    02-01 09:11 PM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik





    nixstor
    11-01 03:43 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?

    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!



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