Friday, July 1, 2011

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  • LondonTown
    11-21 12:18 AM
    Please do not go for stamping if it can be avoided, as embassies are very frequently giving form 221(g) for additional administrative processing which may take few weeks to several months.




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  • aadimanav
    10-19 01:27 PM
    H1, H4 (spouse) and H4 (kid) living happily.

    File 485 and gets EAD/AP.

    H1 doesn't use EAD.

    H4 uses EAD and hence looses H4 status.

    I-485 is denied.

    Now, my understanding is that spouse has to go out of country and come back again on H4.

    What about the kid?

    When does the kid loose his/her H4 status? (When both mother and father use EAD)?




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  • srinivasansas
    06-15 12:58 PM
    I see that majority of the people here are getting ready to apply for 485, I want to track already pending 485.

    My Info:

    EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD




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  • martinvisalaw
    09-10 12:52 PM
    The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.

    However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.

    You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.



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  • meridiani.planum
    05-05 02:08 AM
    inline...
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
    The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.




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  • haroontabrez
    10-05 07:44 PM
    Hello,

    Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?

    Thanks.



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  • thatwillbeit
    06-23 04:53 AM
    I am confused here, can some one shed light on this.

    Say if we don't apply for AP-Advance Parole while filing with I-485 and EAD now as vaild stamped H1b is good till August 2008.In this situation while applying for AP next week would we have to pay new fee of I-485 $1010 as with new fee structure effective Aug 1st,2007 EAD & AP comes as a package along with it.

    Please correct me if I have misintrepreted it.




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  • lostinbeta
    10-13 12:49 AM
    Are you making the layer at 50% opacity? if so, then that is why, because everything on that layer will be at 50%. So create a new layer and do the Stroke.



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  • dj.techo
    04-04 07:28 PM
    Hi All,

    Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?

    Questions we have..

    1. Can I become parnter easily once my status got changed from EAD to GC?
    2. Once my wife start LLC, can she work for another company e.g. Software consulting?
    3. What would be tax bracket for my owner of LLC?
    Thanks,
    dj




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  • gijarh
    02-12 01:55 AM
    Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife. Got EAD Dec 2006. Got laid off in Feb 2007 from sponsoring company and decided that I have had enough of US immigration waiting and returned to home country for good in April 2007. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS does not get lost in the mail. Was sure that the employer will cancel the whole GC process. But to my suprise on April 21st 2008, received the automated email from USCIS that 485 has been approved. The I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days. This was back in April-May 2008 time frame. Well the plastic card never arrived inspite of phone calls to USCIS to either cancel the 485 or send the card.

    Can someone please educate me as to what I should do get the 485 cancelled and stop further processing of my wife's 485. I am afraid that I am stuck in a situation where the USCIS records indicate that I am a permanent resident when they never fully approved my case in time, while I have been out of the US for 2 years and do not intend to return. The US Consulate here has been of no help. Will this have any overhang for future US visits/immigration for me and my wife or for my children who are US Citizens.



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  • ch102
    02-22 08:43 AM
    Over 500 Indian guest workers sue US company for human trafficking - The Times of India (http://timesofindia.indiatimes.com/nri/news/Over-500-Indian-guest-workers-sue-US-company-for-human-trafficking/articleshow/7548222.cms)

    HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.

    If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.

    Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.

    The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.

    The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.

    The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.

    The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.

    According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).

    In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.

    Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.




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  • vdlrao
    10-24 01:41 PM
    Hi !
    My husband just had his performance appraisal today. He is presently working as a Senior Consultant.What we are wondering is that if there is any change in the designation, will it affect the GC process in any way ?

    We got our I-140 last month and EAD two weeks back.
    Kindly advice us on this.

    Thanks
    Vinki :)

    Until its the same kind of work, it wont effect the GC process. Your employer could send an ammendment saying that theres an appraisal.





    P.S: I am not a lawyer. I said just based on my knowledge.



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  • dskhabra
    10-19 01:33 PM
    It is not related to H1B stamping but...
    I just wanted to share my experience for my parents visitor visa appointment. I was trying to get appointment in Punjabi at Delhi. I tried it for 3 months but dates were always unavailable. Finally found some guy back in India gave him Rs 2500 and got the appointment in a couple of days....I was surprised at this....I know this is not right way but I had no other option




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  • dbevis
    January 20th, 2004, 03:23 PM
    Let's hope that it means the next offering from Canon comes in at about that same price point (about USD$2000). Maybe they (Kodak) know something?

    More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.

    Don



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  • raysaikat
    03-18 10:50 AM
    I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.

    please shed some light on this.
    Thanks

    You may be eligible to file under EB1-C. Your employer needs to sponsor.




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  • tdasara
    03-19 08:34 PM
    Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21

    My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.

    Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?

    (My role is strictly IT related and also assist in Data Analytics).

    My immigration lawyer is yet to respond.



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  • pcs
    07-08 08:46 AM
    We need to expose all these attorneys ( read blood suckers)

    It can be easily done on IV




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  • aim-high
    03-24 04:32 PM
    I am planning to apply for Schengen visa in an Italian consulate. I have an expired H1 but a valid AP. According to the italian consulate website, here is one of the visa requirements

    "passport or travel document valid for at least three months after visa expiry date"

    My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
    Do I have a workaround ?

    Thanks




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  • looneytunezez
    11-01 11:53 AM
    that makes no sense. backlog and being current mean exact opposite things.

    the meaning of backlog is to indicate that there AREN'T enough visas available to make a category current. being current means there ARE enough visas available for your category.

    so in essence, someone who is current isnt considered back-logged or vice-versa.

    where did you hear such nonsense?

    I heard that only applicants who are current are considered as backlogged - is this true?

    Applicants who are not current - which statistical group do they belong to?




    Counterproductive
    10-31 09:23 AM
    I don't know anything about that




    ras
    01-01 02:39 PM
    H1 has been approved for 2009 quota for a client A. it is almost one and half year and the visa stamping has not been done. The client A is no more interested and a new Client B is interested to offer the same position in a different location or at H1 petitioning employers location. The LCA has been filed for the Client B and may get approved in next couple of days. Is that okay to use this new client letter while going for H1B Visa stamping? This new client is not the one on whom the actual H1B petition is approved.

    Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?

    This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.



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