Thursday, June 9, 2011

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  • chantu
    06-15 09:26 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?




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  • dixie
    02-10 07:30 PM
    I agree - the UK govt's policy statement, at least on the doctor's issue was clear : "We had a shortage earlier, therefore we needed foreign doctors. The shortage no longer exists, so we no longer need you. Please leave before mm-dd-yyyy". Contrast that with the US govts "we love your brains but hate your bodies policy" .. on one hand corporations cannot do without foreign skilled labor, at the same time folks like Lou FOULMOUTH and his cronies in congress and elsewhere cannot do without bashing them. In the tug-of-war between these two parties, we are left to rot on the sidelines - neither kicked out, nor allowed a rightful place to progress in society. If thats the case, why don't they simply remove the dual intent clause (and all those 1-yr / 3yr dole-outs aka extensions) from the H1-B program ? Thats better than having to live 15 years on an H1-B.

    UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.




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  • immitul
    07-13 08:48 PM
    Your I-485 application could be nearing approval, as your priority date is current, and you are with in the USCIS processing time frame.




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  • Jerrome
    11-08 12:51 PM
    It includes all the AOS i.e Family Based, EB etc... Right



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  • conchshell
    07-29 11:00 PM
    We have to understand one thing clearly. Whether we support amnesty or not ... at any given point we will find an uphill battle called CHC in front of us. Even after a new president gets elected, this congress is gonna have same composition for next three years. CHC understands it well that with a delayed legal immigration reform, US competitivness gets affected, and that's why they do not want to loose this opportunity to get amnesty for "undocumented workers".

    So even after the election when new administration takes on immigration reform, CHC (with the help of all like minded Hispanic organizations) will always put hurdles for legal immigration reform to get the amnesty. In that entire brohaha, what compromise comes out ... no one can guess!! Its quite a possibility that "undocumented workers" may be placed in front of us for a GC, afterall politics is an art to make the impossible possible.

    My gutt feeling is that CHC will not make any compromise before elections, because it has a fear of loosing Hispanic votes. Its more likely that they will sing a compromise note after the elections, but upto what extent they will be flexible only time will tell. Meanwhile, we can run flower or phone campaign, but this will not have any impact on CHC.

    So we may take any stand, we may fight CHC, we may shake hand with CHC, or we may stand without any stand on this issue ... ultimately we will face this brick wall called CHC sooner or later.




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  • rajbgp2002
    12-22 07:28 PM
    thanks for all response.
    It was very helpful in understanding.

    I wonder how strictly the SAME OR SIMILAR job is defined.
    Should the job description match exactly the labor certification.



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  • abq_gc
    09-05 04:48 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?

    It doesnt matter whether u are on EAD or GC. I think LLC is the way to go.




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  • arihant
    10-26 10:42 AM
    I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
    1) You can apply up to 6 months before your H1 expires.
    2) You get extension from the date your previous H1 expires.



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  • dontcareaboutGC
    03-19 01:55 PM
    What I interpreted it as was "for usage towards family based immigration". Essentially if the EB demand is lower then there is not need to use the AC21 towards EB catergories and that can be applied towards Family Based Immigration.

    Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.




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  • GLIX
    02-22 06:14 AM
    it was already at july 13, 2006, now it's back at june? how could that happen?:confused:



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  • cbpds
    10-14 06:52 PM
    Not sure how its good news, it is good for USCIS as they will get money for pre-registration while we do not get the EAD till the priority date becomes current.

    It will not compel them to make dates current when they need money by allowing folks to file 485



    Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.




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  • FinalGC
    04-01 11:16 AM
    You are technically getting into the EAD track and not H1 track. There will not be any issues during adjudication, however make sure the new W2 work using EAD is similar to your job profile defined in the LC.

    The only problem that may come(worst case scenario) is that if ever there is a mess up by USCIS on your case or your records are incorrect or if your case is rejected.....then you could become illegal, since u r on EAD. However, being in H1 and working for the desi consulting company...would be the safest bet, until you cross the GC bridge



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  • mihird
    02-24 02:19 PM
    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.

    My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.

    The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.

    GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...

    There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...




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  • ssa
    10-30 12:40 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.



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  • ImmigrationAnswerMan
    07-13 11:36 PM
    Sangeetha:

    USCIS does want to see that you worked for your prior H-1B employers, but USCIS is happy to accept recent paystubs to show this.

    It doesn't hurt to submit experience letters, but as explained before, you do not need experience letters for H-1Bs.




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  • pbojja
    05-22 11:22 AM
    I totally agree, but as if there isnt a backlog at I-140 right now!! its been more than an year since I filed my I-140 ..I see a couple of LUDs but no approval in sight!
    Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).

    I applied my 140 on July 05 07 and still waiting , transfered to TSC last month . I guess the transfer cases box is the last one , so I guess our approvals are not insight , I beleive CIS is working on 485 cases who are current ..thats why I m all in for this rule



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  • ruchigup
    08-22 04:16 PM
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
    Yes my employer is supportive with respect to not revoking I-140.




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  • rsdang
    12-04 04:36 PM
    Hope all is well there - I fly in there in 2 days.




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  • Prasad_FL
    08-05 12:03 PM
    Last year I renewed my passport in Houston thru usps mail. They took 5 weeks for me. Even if you go in person, they would take 2 days for processing. Check with the consulate.




    ajju
    10-15 02:21 PM
    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Guess people can't even take PUN any more... Got negative and abusive remarks for this.. atleast have guts/courtesy to leave name/handle...




    shishya
    09-27 01:12 AM
    y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....

    Helping by suggesting a way out? Wow, thanks! With all due respect, I'd request you to keep your opinion about who should file my H1B to yourself. I had a straightforward simple question, if you do not want to answer, so be it. And please mind your own business rather than judging if I am doing my job or not just coz I seem to be day trading. Think before you post crap. Thank you.



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