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  • arukala
    01-30 12:03 PM
    You can work on H1B visa till you get FINAL approval or denial.

    Whats your attorney openion?

    Can we work Once MTR Filed and Receipt Received with Same Employer?





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  • dreamworld
    12-13 03:20 PM
    It is a holiday season. Some of us are going to meet some friends. Lets try to bring some friends to IV.





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  • OLDMONK
    07-18 11:39 AM
    Hi,

    I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.

    Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.

    Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.

    Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)

    If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.

    I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.

    Since you did not post details of your labor, I am not sure people can help you much with specifics.

    some helpful pointers.

    Try not to club your experience to come up with education equivalency.

    If your labor is perm make sure you are already being paid what is on the labor approval.

    Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.

    I am assuming there is no ability to pay issue and the company is green on its financials.





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  • vselvam
    12-04 01:30 PM
    July�07 filer - H1-B renewal after filing I-485 (12th Year)

    Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.

    The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
    ----------------------
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or

    365 or more days have passed since the filing of an EB immigrant petition that is still pending; or

    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
    -------------------------------------

    I have filed my I-485 during July 2007 as like many others. My PD is March 2004
    Got married after the filing and still maintaining my H1 and brought my wife on H4.

    I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.

    This is my 12th year H1 renewal.

    6 year 2005
    1 year 2006
    1 year 2007
    3 year 2010


    Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?


    Thanks
    Venkat Muthusamy



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  • glosrfc
    10-31 08:43 PM
    Yup..pineapples, corn, cable cars, jugular veins...
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  • gcsucks
    05-02 06:10 AM
    I have a PR Card in canada since June'04. I have been here in the US for 8 years now. But because of retrogression stuff im not able to file I485.

    Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)

    Please help



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  • Ahjeet
    12-03 06:03 PM
    Hi, your experience with visa rules will help me make a better decision. Here's my situation,

    H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.

    An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?

    Please advice, and thank you. - Ahjeet.





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  • doomdoom
    08-24 10:17 PM
    Hi All,

    I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.

    thanks



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  • Blog Feeds
    06-03 01:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) has announced (http://www.aila.org/content/default.aspx?docid=32094) that several more forms will be transitioning from the Service Centers to the Lockbox Network. USCIS believes that by centralizing form and fee intake to a Lockbox environment, USCIS will improve consistency and integrity in the intake process.

    The forms scheduled for the transition include:

    I-140 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition for Alien Worker;

    I-129F (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Petition for Alien Fiance;

    I-539 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application to Extend/Change Nonimmigrant Status (Only those filed separately from the I-129)

    I-526 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79a7105b5904d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Immigrant Petition by Alien Entrepreneur;

    I-817 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8eb3d59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), Application for Family Unity Benefits (If filing under section 301 of the Immigration Act of 1990)

    This transition has already started, as the Service Centers will be forwarding applications to the appropriate Lockbox facilities. USCIS plans to announce the address change sometime in June and will revise the filing instructions and update the web page for each form.





    More... (http://www.h1bvisalawyerblog.com/2010/06/uscis_improving_consistency_an.html)





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  • canmt
    11-14 08:50 AM
    EB2 India Priority Date: 06/2003
    I140 Approval Date: 01/2007
    I485 Receipt Date: 02/2007
    FP Notice: 02/2007
    EAD Approval: 03/2007
    AP Approval: 03/2007
    AC21 & G28 Revoked: 10/2007
    I485 RFE on AC21: 10/2007
    I485 RFE Replied Date: 10/2007 (Self)
    1485 Card Production Ordered (No Email): 11/2007
    1485 Approval Notice Sent (With Email): 11/2007
    Soft LUD: 11/2007
    Card Received: 11/2007
    Welcome Letter Received (No Email or Status Update): 11/2007



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  • Rockford
    06-24 12:49 AM
    I hear a lot about Indian's getting positive PDP (TB Skin Test)result. But when I talked to many of my Indian friends, they say they got negative result. Met only one who got positive skin test result.

    Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.





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  • dilbert_cal
    02-09 02:04 AM
    Hi attorney,

    I know the question sounds weird.

    My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

    I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?

    Thanks.

    Jijie

    In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.



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  • Leo07
    01-18 12:29 PM
    I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:

    Please forgive me if it's offending to anyone:
    February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)





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  • amindarshana
    12-04 10:09 AM
    HI
    Finally...exctly after 4 months my all checks got cleared today , and got receipt number from the back check image.

    Only do't know 140 as it was employer's check.

    Just to Recap
    Sent 140/485/765/131 on Aug 3rd to NSC
    SR opened on 11/5.. IO said it must have been transfered to TSC
    Fax sent on 11/28
    Check cleared on 12/3 .. Receipt # from TSC.

    Thank you very much all for support



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  • Lisap
    09-27 04:37 PM
    So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??





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  • SpookyH1Alien
    10-26 12:28 PM
    That clears it. Thanks for all your help!!



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  • kirupa
    02-11 01:37 AM
    What does your code currently look like?





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  • gimme_GC2006
    08-06 09:58 PM
    Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
    But Again I am not a expert here and could be wrong, EXPERTS please advise

    well...they had my finger prints on July 28th..so they started FRESH checks all over..

    Which means, by the time they complete checks, PD will retrogress and then when PD becomes current they start again.

    I think I may have wasted my career by not grabbing opportunities that came to me but waiting for GC to approved..I hope not to repent a lot later :mad:





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  • indianindian2006
    06-24 09:17 PM
    i dont think it matters.





    nehas
    01-29 05:35 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?





    Abacus101
    05-12 01:30 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.



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