shantak
07-18 07:57 AM
e-filled.
Thanks
Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.
appreciate any suggestions.
dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.
Thanks
Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.
appreciate any suggestions.
dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.
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Ramba
05-04 02:04 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.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
letstalklc
11-04 01:58 PM
This is great news for huderabadis....no more chennai visits....we can save lot of time in travelling....
We all should proud for having US consulate....
We all should proud for having US consulate....
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gc_on_demand
06-02 07:28 PM
I booked for my parents and deal was 700 USD for return from India to JFk + 1 free reschedule and second one for 30 USD ...
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pcbadgujar
09-23 11:18 PM
Thanks a lot guys for the response.
neeidd
09-19 03:28 PM
Just wondering how did you get info from USCIS about your FP notice?
Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?
Could you please advice!
Thanks
Because, I have got the receipt and when I called USCIS for my FP appointment (Called cust serv then 1,2,2,6,2,2,1), she said My info is entered into the system and they will send anything in mail. But she did not tell me whether there is FP appointment for me or not? How you do ask for that or do I have to go to level 2 cust serv rep?
Could you please advice!
Thanks
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GCBy3000
07-11 05:02 PM
Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..
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learning01
05-15 09:38 AM
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
more...
vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
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mygc2006
06-14 11:58 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
Yes, you can keep EAD and H1 at same time..
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
Yes, you can keep EAD and H1 at same time..
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bang
02-10 04:50 PM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.
Please consult with a good Lawyer and confirm the same
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.
Please consult with a good Lawyer and confirm the same
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casinoroyale
01-26 12:13 PM
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?
Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?
more...
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lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
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Sreeshankar
01-25 08:43 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
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fatjoe
08-25 07:49 PM
How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
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fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
more...
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ruwanb
10-16 11:09 AM
Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
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Misha79
04-01 10:05 AM
Hi all
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
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go_guy123
04-17 08:23 PM
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
stake and getting power after more than 10 years they are more cautious.
Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
in 2008. As of now things are going in their war because of the mess in iraq
resulting is massive independent voters more inclined towards DNC.
DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
wont make it at national level )
2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
stake and getting power after more than 10 years they are more cautious.
Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
in 2008. As of now things are going in their war because of the mess in iraq
resulting is massive independent voters more inclined towards DNC.
DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
wont make it at national level )
eb2dec2005
12-04 03:36 PM
Yes, Iam in the same boat too.
My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
I had to call and let them know that i had done my Biomterics in Dec 2007.
And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.
EB2 - Dec 2005
I140 approved - Oct 2006
My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
I had to call and let them know that i had done my Biomterics in Dec 2007.
And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.
EB2 - Dec 2005
I140 approved - Oct 2006
GCard_Dream
01-04 04:02 PM
On the homepage, just click on "Forum". At the end of that page you'll be able to see all the details.
Is there a place the membership number is shown?
Is there a place the membership number is shown?
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