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  • agupta2683
    07-08 03:16 PM
    In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :

    Resident of India/Bhutan
    OR
    Indian Citizen residing in United States.


    I would really appreciate any help in this matter.

    Thanks,
    Ashish




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  • gcnirvana
    02-19 06:17 PM
    Another nail in the H1B Coffin :mad:

    http://www.immigration-law.com/Canada.html

    02/19/2009: H-1B Transfer Alert

    * AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.




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  • optimist578
    04-20 03:11 PM
    Hi,

    I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.

    Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?

    I am on my 9th year of H1B with PD Mar 2003 (EB3).

    Thanks.




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  • Rune
    February 3rd, 2005, 01:55 AM
    Nice edit Anders. And your version seem to be more in line with the rule of thirds too?



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  • samk32@gmail.com
    06-11 07:04 PM
    My Question is - Am I eligible for Premium I-140 Processing since i am in my 6 th year of Stay.

    Here is little background on the same (Technical Error)

    I was on L1A from Sep 2003 to Sep 2005
    First H1B from Oct 2005 to Sep 2008
    In August 2008, I got Second H1 extension till Sep 2011 instead of Sep 2009.

    My Labor got approved in this year in March also I got my Visa approved and I-94 Issued till Sep 2011.

    My First Question remains the same - Am I elligible for Premium I-140 Processing. After I-140 Processing, should i apply for H1 extension again.

    Pls. advice




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  • immi2006
    01-05 10:10 AM
    As a humble suggestion : Why not pursue an offensive approach ?

    Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..

    We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.

    Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !



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  • Suva
    07-18 04:15 PM
    Close this thread immediately.




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  • Gravitation
    08-17 11:20 PM
    You are fine. Have no worry and have a good trip. Use your H1B to get back.



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  • sunnymit
    09-08 04:18 PM
    My wife is scheduled to appear for fingerprinting at 1 om a future scheduled date. However I learned from someone that she can go for the fingerprinting even earlier in the day and she will be fine. Is this true? Has anyone experienced this?




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  • aadimanav
    06-03 12:36 AM
    This bill is dead.



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  • SandeR2
    03-25 03:16 AM
    really good expression on the face!




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  • ssdtm
    11-30 04:38 PM
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
    This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

    But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

    But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.



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  • Dalai Lama
    01-11 10:16 AM
    Did you contributed to IV.




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  • ujayra01
    07-18 09:44 PM
    Thank you very much. This makes it very clear.

    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN



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  • joolie1
    02-07 05:52 PM
    I happened to look at my EAD today, when I was looking into what my next steps are for my marriage immigration process, and I noticed it expired long before my Permanent Resident Card. Erroneously I thought the two were tied together, since I applied for both under the same auspices. Now I am very worried. 1) I have been employed the whole time and 2) I cannot afford to be unemployed. What do I do?




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  • jdshah
    08-04 11:55 PM
    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.



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  • werc
    12-09 08:57 PM
    Congratulations on your marriage.

    Depending on where your would be spouse is ,there are two methods.

    1. If she is outside the country , you would have to get her H-4 at the nearest consulate.

    2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.

    Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.




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  • rameshraju11
    07-21 07:51 PM
    Hello,

    My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail

    But today I have received the status change from Approved to Document mailed from USCIS online system

    Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

    Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

    On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.


    what does it mean ?

    Thanks in Advance




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  • ramus
    06-07 11:56 AM
    Congrates.. I know you are happy and why not..



    Guys,
    I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:

    Lasantha




    ssksubash
    08-14 10:12 AM
    HI,

    I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.

    Any information is appreciated.

    Thanks,




    RenaissanceGirl
    09-30 03:32 PM
    I guess Wacom advertises their tablets more vigorously than Genius? Who knows... have you compared Genius and Wacom side by side and discovered that Genius is far superior? Personally, I selected Wacom because it's the only brand that isn't obscure and I've read a number of positive things about Wacom. It's pricey but a good investment. My first Graphire paid for itself in no time and even helped me purchase my Intuos 2.



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