Tuesday, June 7, 2011

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  • gccube
    04-11 03:15 PM
    I did add all the dates available with me to my profile but it doesn't apprear on the tracker. That made me think that there could be a separate option for this.

    Thanks for the reply.





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  • bfadlia
    02-13 05:27 PM
    You need to say "MY priority date is current in March"
    The current thread title had me thinking there was another July fiasco..

    Thanks.


    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks





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  • lacrossegc
    09-06 05:34 PM
    bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.

    When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
    When working in Canada -- ABC USA pays nothing, ABC Canada pays

    Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.

    !!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal

    I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.





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  • perm2gc
    01-06 04:46 PM
    My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

    Please let me know if there is any merit in the above statement?
    Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.



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  • eb3_nepa
    01-14 11:34 AM
    Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.





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  • sys_manus
    04-07 01:58 PM
    What makes you think skilled computer "operators" come only from reputed US universities???

    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.



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  • capriol
    07-06 10:30 AM
    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE]





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  • pappu
    09-14 03:43 PM
    Jay is going to speak now. Its an interview.



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  • gotgc?
    02-03 10:45 AM
    Hi All,

    I am planning to travel to India via London, UK. I am trying to see if it requires a transit Visa.

    I am on H1B/AOS status but without valid visa stamp and travelling with Advance Parole. I have checked the UK Consulate page UK Border Agency | Who is exempt from having to hold a direct airside transit visa? (http://www.ukba.homeoffice.gov.uk/travellingtotheuk/transitthroughtheuk/transitdocuments/exempt/) it mentions that Indian passport holders needs a transit visa but with following exemptions;

    one of them is a a valid Canadian Permanent Resident Card issued on or after 28th June 2002; Since I hold canadian permanent resident card, is it ok I can travel without UK transit Visa through UK? Based on this page, I thought so, but my travel agent said to double check eventhough I have a canadian permanent resident card, I am travelling to and from USA. Has any one done this before - travelled with canadian PR to/from USA through UK? Whom should I confirm with?

    Passengers exempt from the DATV requirement

    Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

    A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or
    a diplomatic or official passport issued by Vietnam.
    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a valid visa for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998; or a U.S Visa Foil endorsed, "NOT A VISA. FOIL PREPARED AT DHS REQUEST" does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (for example, a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (for example, Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.





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  • bsbawa10
    04-11 06:09 AM
    I always did paper filing. I have done it third time this time. Incidently, the first two times the EAD approval came in about 17 days but this time, it has already been 15 days and I have not received the receipt even. The check was withdrawn on the 13th day.



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  • pkd666
    02-14 02:05 PM
    Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.





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  • snathan
    04-15 10:39 AM
    Hi All,

    There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days…



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  • don840
    04-03 08:03 PM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.





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  • gc_bulgaria
    10-09 06:26 PM
    This is very useful information. So it is the Job Classification code that is important right??

    Thats my understanding as well. The information on salary is a little confusing though...



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  • dixie
    09-05 01:12 PM
    If you consider carefully, all the sponsors of SKIL whether its the house or the senate are republicans. Dems are pro-immigration in general, but they are more concerned about the illegals.Republicans on the other hand are anti-immigration in general, but pro-business; which roughly translates to pro-legal immigration. So by no means is SKIL a slum-dunk; if anything, CIR might come in for more favorable review by the dem-controlled house.Things will get interesting is all we can say.



    I would like to discuss two issues

    1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.

    2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))

    It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?





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  • h4visa
    07-27 03:04 PM
    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

    Understood..but in my case (H4) ..i am anyways not working...EAD is anyday better than H4...atleast i can work. and my husband will retain his H1 status. any suggestions?



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  • tikka
    08-10 04:07 PM
    Get some inspiration

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    and make it to the meeting and rally :)

    see you there..





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  • amsgc
    06-20 08:18 PM
    Your status is valid only till the date on your most recent I-94. AFAIK, you have three options:
    1) Re-enter the country before your current I-94 expires. OR
    2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
    3) File for an extension with the USCIS

    The advice given below is incorrect.


    There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!

    But still, unless you are going on vacation, do not waste your money.





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  • frostrated
    09-09 03:33 PM
    Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

    I-140 is approved.

    I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

    Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
    Or is it better to wait for Advance pArole decision?
    If Visa, under what category?

    Thanks

    As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
    If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
    If it is still denied, then you will have to wait for your green card to be approved.





    GCEB2
    09-20 10:13 PM
    can any one give some information on this





    dfwhunt
    05-22 11:54 AM
    Yes, if they can file their 485 after June10..there will be certainely some more movement of PDs...