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  • mariner5555
    02-08 09:05 AM
    my first EAD expires on aug 16 2008. should I file for new one 180 days before or is it 120 before expiry.
    is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !





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  • kedrex
    01-13 10:59 AM
    Thanks a lot for the replies.

    I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?





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  • marwan234
    08-06 12:23 PM
    :eek: I-140 application, page3, under paragraph Copies: "Copies may be submitted of all documentation with the exception of the Labor Certification which must be submitted in the original".
    :D





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  • Sakthisagar
    05-03 11:32 AM
    Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.

    He replied with a hearty laugh. Well I don't know. we need to wait.

    I think no one is serious about Immigration bill now.



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  • bestia
    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.





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  • deecha
    06-17 01:20 PM
    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?

    He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.

    Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.

    As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.



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  • venky_handsy
    09-10 10:31 PM
    your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
    so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.

    since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.

    hope this helps





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  • vkrishn
    08-28 10:02 PM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.



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  • factoryman
    06-18 12:50 PM
    the first H1 stamping for me and 2 h4 for family members. Wife got it at Chennai, last Sep.

    factory man:

    if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.





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  • makemygc
    07-26 01:59 PM
    You can change the address of you I-485 application online at

    https://egov.uscis.gov/crisgwi/go?action=coa

    I have done this when i moved at the end of May. I also recieved a confirmation mail that the address on my application has changed.

    Hope that helps!

    Thanks. That is helpful. I did not know that USCIS has gone online for all the address change needs. This is the same AR-11 form which we used to send through snail mail.



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  • probe
    05-02 04:30 PM
    NOV 29 2006 (RD) EB3 category NOV 2003 (PD ). Still waiting ...





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  • fromnaija
    07-30 10:52 PM
    After some extensive search I found the answer I wanted at:

    http://www.immigration.com/newsletter1/childprotac.pdf


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.



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  • GCard_Dream
    03-06 04:38 PM
    Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)

    After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.

    It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D

    so now people give red dots just for asking a question about EB3...where is ACLU:D





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  • smiledentist
    06-14 01:36 PM
    I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.

    Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.



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  • gulute
    12-09 08:30 PM
    Pardon my ignorance!

    My understanding was American companies are setting up shops in India for cheap labor and still provide services for mostly American consumers and not Indians. And for Oracle they can bring any number of Indians here on H1/L1/B1 visas. So what make them pay $120K in India (I assume he is still a software engineer, else he would have been getting more than $120K here!)

    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.





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  • baleraosreedhar
    06-28 06:18 PM
    Hi Gurus,

    I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

    My company has filed for my I140 and it got approved.

    I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

    I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

    I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

    Thanks



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  • watzgc
    03-05 06:31 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    "H-1B
    May-22-2007
    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated
    thanks,
    smads

    1. you have renew ur passport
    2.file for extension quickly

    one of my friend was in same situation and he did the same thing.





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  • akhilmahajan
    04-30 10:24 AM
    I will like to start this thread.

    I140
    filed March 2nd, 2007
    Receipt date : March 8th, 2007

    Thanks.





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  • dixie
    02-12 07:36 PM
    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.



    EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).

    If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.





    chem2
    02-24 09:52 PM
    what am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?





    gconmymind
    07-29 02:51 PM
    Are you sure Systems Analyst and Director of Development are considered "similar" jobs? To me it does not sound like similar jobs. Systems Analyst is a technical job whereas Director is purely managerial position.

    Let me know if you have documentation on "same/similar".



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