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  • newxyz100
    07-17 04:34 PM
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.

    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?




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  • gc_chahiye
    07-29 11:42 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p

    similar boat. Lets see what happens first: my own PD becomes current or my child manages to sponsor me. 18-20 years for either!




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  • styrum
    06-12 03:10 AM
    He doesn't need an H1B transfer to be approved to start working for the new employer, just "filed".




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  • indyanguy
    10-19 02:10 PM
    Interesting thread. For all those who've gotten their hands dirty in the stock market, can you recommend any message boards that conducts healthy discussions for taking advantage of the volatility in the short term. I have looked at yahoo, aol, msn and google and most of them are non sensible discussions without much factual info.

    Thanks!



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  • rc0878
    09-23 10:35 AM
    I think as far it does not say unknown, we should be good....but still we should atleast discuss this wit our respective attorneys and post our findings in here.

    BTW, mine is blank also.



    To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.

    But the "Section : " is showing UNKNOWN for some of us and showing something else for others...

    I'm wondering if that could be an issue - shall we call USCIS to fix this ?




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  • snathan
    03-31 04:24 PM
    Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them

    Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.

    So the final option if everything else is not working...join your client and get the H1 transfer. So you dont need to lose your job and can come back soon



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  • Ann Ruben
    01-24 05:18 PM
    Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.

    Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.

    Ann




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  • bank_king2003
    04-22 02:04 PM
    So basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.

    Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it

    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.



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  • sakuhito
    07-24 02:33 AM
    I think if you tell us what field you are in, perhaps someone can refer you to a company and tell you what company you might be able to work for which is non-profit.




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  • DDash
    04-04 11:49 PM
    I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.

    Can someone please answer my questions? :confused:

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?

    2) Should I let USCIS know that I am changing my employment?

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:

    Thanks in advance for you replies.



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  • b2visahelp
    06-15 06:22 PM
    Hi,

    My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.

    My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?

    Now, we're preparing to apply B2 visa for a second time. Here are my questions:
    1. When do you think they should apply for the visa again?
    2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
    3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
    3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?

    My parents definitely don't want to immigrate to the US.

    Help...help....please...I really want them to attend my wedding.


    Thanks a bunch for all of your advise!




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  • hibworker
    03-28 01:30 PM
    Can anyone please respond? What should I do?

    You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.



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  • lazycis
    05-07 01:29 PM
    Forget to mention that you can port to self-employment :)




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  • champu
    02-18 07:08 PM
    Kudos to desi3933!

    rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.

    Also, you may consider naming him/her Barack...;)



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  • franklin
    07-13 11:17 AM
    Thanks for the suggestions

    We do request that people dress smartly, however tomorrow's forecast is in the 80s with about 50% humidity, and we have a 3 hour march.

    We hope that people come dressed for comfort too :)




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  • pd_recapturing
    08-05 10:31 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.



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  • vik352
    12-08 03:19 PM
    Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.




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  • ski_dude12
    04-12 11:39 AM
    I had got a similar enquiry from DOL couple of years back. They were explicit in asking about being paid while on bench. In my case I have had minimal bench time and hence answered accordingly. I am sure there must be other employees in my company (desi IT consulting) who are getting paid irregularly.

    I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.




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  • priti8888
    02-18 06:19 PM
    Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure


    http://www.neidhartcpa.com/deduct.html


    Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.




    veni001
    02-03 07:32 PM
    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.

    CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:




    yanj
    12-16 12:46 PM
    You can not work after 7/9/2007.
    The end of the OPT will determine when you must stop working.
    The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.

    andy


    THANKS



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