Saturday, June 11, 2011

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  • ak_manu
    04-09 03:27 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK




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  • eb3_nepa
    04-13 10:46 AM
    Will IV be trying to campaign/lobby against the 180 day delay?




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  • smileyslimey
    11-30 08:59 AM
    Hi,

    My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.

    The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.

    Any advice will be appreciated.
    Thanks.
    Regards.




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  • pappu
    07-16 02:35 PM
    This is just a recycle of WSJ article that came out today. Nothing new. IV posted this last Friday already and we were the first. Please use your judgment and not use such comments as inside information.



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  • pitha
    01-31 03:17 PM
    the address for checking case status is

    https://egov.immigration.gov/cris/jsps/caseStat.jsp

    You have to enter your receipt number


    Is there a way to track the status of one's I-140 petition through USCIS's website?




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  • dante1271
    08-05 07:01 PM
    Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?



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  • sledge_hammer
    04-22 08:41 PM
    You will get zero supportes for your anti-immigration comments on this forum!

    Go back to your own forum to preach hatred!

    So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.




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  • gcwait2007
    12-25 10:12 PM
    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266

    Guru Lazycis,

    The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.

    Thanks a lot.



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  • chanduv23
    05-11 12:00 PM
    This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.

    If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.

    There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
    and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.

    Will do that Pappu, thanks.




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  • ssreenu
    04-13 01:15 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".

    Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.



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  • jungalee43
    06-29 06:44 PM
    Sanjay,
    Thanks for your reply.
    Was your interview an "initial interview"? was the spouse with you?
    I am taking all documents, but what specifially they look for? I am confused by what they mean "Originals and copies of all supporting documents submitted with the application"? Does this mean documents submitted with I-485 or labor certificate?
    Can you post or PM your esperience?




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  • rajuseattle
    04-27 07:55 PM
    According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.

    I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.

    I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.

    No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.



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  • manderson
    11-09 10:56 AM
    another good 485 stats website is this (THIS IS NOT A PLUG):
    http://www.immigrationwatch.com/uscis-processing-statistics.html

    this has status prediction feature also but wait till Feb/ March to get more accurate results when all the Sept/October receipts are counted in.




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  • eb3_nepa
    08-16 04:36 AM
    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.



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  • yabadaba
    10-17 02:58 PM
    commute from il to texas/leave ur wife behind/continue paying rent on ur apt and ask a friend to keep an eye out for ur receipts

    if not...file AR-11 and pray for the best....there is not really that much in terms of options.




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  • shikra1
    11-10 03:33 PM
    Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

    FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)

    Again quoting from the monthly visa bulletin:

    "Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."



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  • ImmigrationAnswerMan
    07-24 12:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".




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  • ashres11
    05-30 09:58 AM
    I am going to use AC21 and H1 transfer. Now my situation is with wife status. Any information is appericiated

    Wife Came in USA on H4 Visa
    Then Convert it t0 H1
    Now She activated her EAD and working fulltime.

    Can she go back to H4 now. I am a primary applicant for GC.




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  • jsb
    10-30 04:01 PM
    I have future GC filed from Company X, the priority date is February 2006.
    I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
    What could be the implications?

    It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.




    Saralayar
    05-19 01:57 PM
    Bullcrap....EB3 will become "U" in next one.

    Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
    Including you I think....;)




    go_guy123
    01-20 10:29 AM
    None of us here has little luck... We were close to CIR this year and now new math is in picture.. Two possibility for CIR in 2010...

    (1) Dems will not touch it.
    (2) GOP will not support it because people will think Dems passed it and that will help them to win midterm election.

    CIR was impossible all along. It was delusional to think such a political hot potato can pass.
    Not just my opinion ...but also that of IV board member: Greg Siskind.

    The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.



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