Tuesday, June 28, 2011

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  • waitin_toolong
    09-19 08:38 AM
    at port of entry the old I-94 has no bearing, keep cpies of all old I-94s and hand them over when departing.

    You will have to get a new H4 stamped at the consulate and will get a new I-94 when you enter.

    You can present the courtsey copy but the main documents ae going to be your husbands H1 papers as were last time.




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  • morchu
    05-26 12:14 AM
    Nothing extra needed. You are good.

    Dear Experts/Lawyers,

    I wanted to ask a question about my status based on the situation described below:

    1. I entered the United States on F1 Visa in 2003.
    2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
    3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
    4. Never left the United States since I entered in 2003 on F1 Visa.
    5. My passport expires in the middle of 2010.

    Based on this, in order to ensure my legal stay in the United States, do I need to do anything except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.




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  • someoneincalif
    05-21 01:34 AM
    Folks, here are some lobbying and action items that will be very useful.

    1) Try reaching out to your American friends/managers/colleagues and ask them to call Senators.

    2) Universities are missing in action here. They are major beneficiaries of high-skilled immigration, because graduate school is typical first step. They must be concerned with not only the fact that special categories for researchers/professors is gone but also that lot fewer students from India and China will labor in their labs. COUNCIL OF GRADUATE EDUCATION is a good place to start.

    3) Someone please write and op-ed piece of NY Times. They are pretty sympathetic to these kind of issues. A major criteria for publication in the op-ed section is that the topic should be current. The plight of legal immigrants can't get more current that this. Any op-ed piece will get major exposure to our plight. Here is a link on how to contribute to NYT op-ed: http://www.nytimes.com/ref/membercenter/help/opedsubmit.html
    The op-ed should not be complaining in tone, but rather show the value of having a proper high-skilled immigration reform for the American economy.

    4) Where are those powerful desis we see on rediff? There are many desi executives, board members. They regularly dole out money to campaigns. If they can't put a word for us now, when will they do? After all most of them went through this process.

    These are only some ideas on how we can cause at least some ripples. Please contribute more and put some in to action.




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  • emeraldth
    01-05 04:14 PM
    For my case, it looks not very easy to keep the same job title after switching employer. So I'm wondering whether anyone has the experience about how to persuade current employer not to revoke my I-140?
    My situation is that the managers of quite a few departments in my current employer like me, but these managers are not getting well with each other. So I actually cannot enjoy this and am suffering the politics. And my pay is quite low, much lower than what I got in previous IT company although at that time I was a very fresh graduate, and also lower than the prevailing pay in this industry in the same city. The only reason I joined this one was for family reason.



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  • lonedesi
    07-27 01:49 PM
    I live and work in the state which is under jurisdiction of TSC. I got my PERM approval from Atlanta National Processing Center. But for some weird reason, my attorney has mailed my I-140 & I-485 documents to NSC and it reached there today(07/27/07). My understanding is that my applications should have been sent to TSC directly. I am kind of worried now as my application has reached the wrong service center. Has anyone encountered a similar situation? Is there anything I could do now to address this issue? Even if NSC internally transfers the documents to TSC, will my receipt date be considered as the date they received at NSC? Is there any directive or memo from USCIS regarding this issue? Please advise.




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  • ps57002
    03-02 08:42 PM
    Mnkaushik and mailmy_gc

    Thank you for your responses. It helps ease my fears.



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  • trump_gc
    07-21 06:35 AM
    I just did that, from Sr sw engr to sr sales conslt. Corporation would not care for details of AC21 , however if and when u send in AC21 letter to USCIS, make sure your job duties match that of ur previous job. rest shd be all cool. The new job u r getting into, is it a big firm and small?




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  • angiusa
    04-03 04:02 PM
    I have worked for Company "A"(Ex-employer) under H1-B(company A holding my H1-b) from 2007-2010. During 2009 & 2010, company A was unable to clear all my payments as the company went through some financial hurdles but they issued W-2 for the amount paid in fiscal year 2009. Now, company A has got money and they decided to clear my back wages for 2009-2010 through 1099 form. I transferred my H1-B visa to Company B(2010) then to Company C(current employer). Now, Company C has started my Green card(GC) process.

    Questions:
    1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
    2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
    3. What are my options to get my back wages from company A?
    4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?


    I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.



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  • gc_chahiye
    10-02 01:30 AM
    Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.

    you can use the visa, need not use AP if you dont want to. If you have a visa stamping already, using the H1 visa is the preferred way to return:
    - you get an I-94 valid for 3 more years (with AP you get one for just one year, which is a bit weird)
    - using AP atleast sometimes pushes you into secondary inspection which is another hour spent with the customs and border patrol folks. While they are typically nice and friendly, I personally hate being stuck in that no-mans land at the airport.

    Only advantage of AP is if your GC is approved while you are abroad, you are supposed to return on AP as your H1 status would have ended. in practice people have re-entered on H1 in such cases and its been ok. Depending on your PD this may not may not be a concern




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  • SlowRoasted
    04-24 10:28 PM
    not bad dude;)



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  • dale
    04-09 03:11 AM
    sort-of boring.....

    i like it.

    only thing is that the image goes right up to the edges of the stamp

    maybe if there was a definate white edge (hang on - isn't one of the rules that you cant go outside the blue rectangle? dont worry i wont report you lol)

    it looks good :thumb:

    -dale




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  • delhiguy
    06-30 01:31 PM
    no one?



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  • RandyK
    03-27 02:46 PM
    Guys,

    My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).

    1)Do I file an app with USCIS?
    2)Can she go apply at the US consulate in Canada?

    What type of documents, forms are involved ?

    The reason for this post is I was given conflicting info by my old lawyer.


    Thanks




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  • sundarpn
    03-10 10:56 PM
    Hello,

    I am working on H1-b visa. My green card stage: Priority date July '06, EB3, India. I-140 approved, I-485 filed Sept'07. I don�t intend to use EAD for employment now.

    I have a need to get my future spouse on H-4 visa. With EB3 India priority dates retrogressed, filing dependent I-485 for spouse is years away. (Unless rules change!)

    Question 1: IF I loose my H1-b status (job loss) and find a new job using my EAD, my spouse on H-4 goes out of status. So what all options do I have to keep her in a valid status?


    Question 2: Proactively, say my spouse (when on valid H-4 status) starts a Masters program (part-time) at a University, can she file for a H4 to F-1 change of status (COS) that very week or month I loose my job. Or are there any serious timing issues in this option?

    Thx



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  • amitkhare77
    09-22 09:13 AM
    Ask you employer that you need to apply SSN .




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  • pappu
    08-28 09:22 AM
    NO.
    We asked for people to come forward to transcribe the calls. We do not have anyone. I am sure a lot of people waiting for EADs for their spouses will be having well qualified spouses who can volunteer their time. We have lawyers available to be on calls, but people do not even send questions on time when we announce. We organize calls on weekends, and only few people show up. However we get thousands to show up on tracker threads everyday.

    We are doing this as a free service to the community. If people do not value it and help us, they can get their own own lawyers and get paid consultation.

    We will not be posting recording for people who do not even want to give us a minute and complete their profile so that we can contact them. The service may also be discontinued if members do not see any value in it.



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  • BECsufferer
    09-28 12:06 PM
    Can you walk in for un-scheduled apointment? ... Now days this might not be permissible, but I remember 5 yrs ago at Toronto consulate, after all scheduled applicants have been lines up timewise, un-scheduled applicants were asked to form line behind on first come first basis. Not sure if anyone got chance, as I was like most lined up ahead in scheduled lineup. But wonder if it is still permitted, how about taking chance?

    Please comment.




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  • ForImmReform
    12-11 03:42 PM
    You have to be "in-status" to apply for AOS. The IO wants evidence of your continued non-immigrant status before you filed your AOS. Also, remember AOS does not grant you a status. It just lets you not accrue unlawful presence




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  • kalyan
    05-05 01:48 PM
    If we can get the statistics that INS or USCIS is wasting numbers every year on i-485 approvals, i would like to initiate a class action suit.




    Lok_sumi
    03-18 03:51 PM
    My H1B visa stamping has expired and I have valid AP. Can I travel. I have also changed job using AC21. Please advice.




    cooler
    01-15 12:45 PM
    Since when has more money than the prevailing wage been a problem?

    If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.

    As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney



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