Monday, July 4, 2011

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  • casper21
    11-09 01:18 PM
    Pls someone can help me?
    :confused:




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  • chirag1211
    09-24 03:41 PM
    Hi,

    I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.

    Can anyone put some light to this sitaution.

    Thanks,

    Chirag




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  • LostInGCProcess
    11-10 09:03 AM
    Hi All,
    I have a situation where I can not find proper information and would like to ask all the experts in this column.
    I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.

    - Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
    - If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?

    Thank you!
    :)

    1) You can enter US on your H1B visa even though you might have applied for I-485.
    2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.




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  • loku
    08-16 07:41 AM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.



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  • nonlimit
    02-11 11:39 AM
    Hey Alabaman,

    First of all thanks for your reply.

    No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.

    2 points:

    1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).

    But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.

    Am I correct with this reasoning? Does the substantial presence test only count for the next year?

    2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.

    Christian




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  • bkarnik
    03-16 02:48 PM
    Abqguy:

    I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.

    Thank you for your help. Keep us posted.

    Bkarnik



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  • gc28262
    03-09 06:14 PM
    Gurus,

    My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents

    Duration to be covered
    2004-2008

    My docs ready for the duration:
    W2s ( 2004 - 2008)
    Tax returns ( 2004 - 2007)
    Paystubs ( recent )

    Company docs ready:
    Tax returns: 2004 - 2007

    However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.

    However deadline for filing RFE response is this Wednesday ( 03/11/2009)

    My questions:

    1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
    2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?

    I appreciate your inputs.




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  • itkris
    12-08 03:18 PM
    I would like to change my name from 'first middle last' to 'middle last' officially. I know that there is a lengthy process to do that on my passport. Is there any advice on how i can reflect that on my I-797? I currently hold a valid H1-B approval. The visa on my passport is for a previous H1 job that i've left now. I would like to change my name officially before making any more wrong stamps on my passport. Is this feasible? If so, can anyone throw some more lgiht on this?

    thanks in advance.



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  • sac-r-ten
    03-16 05:03 PM
    h1bjava, why are you so much worried about denial. why are you thinking so -ve to start with.
    I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
    To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.




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  • roshnichowdhry
    10-05 06:26 AM
    Thanks for that information! How long did it take you to get it stamped? Did you have to book a date with the consulate there? Can you give me a little walk through?

    Thanks again
    Roshni



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  • gh0st
    06-24 03:20 PM
    I voted for grinch becuase his second image was amazing!
    But this was a tough battle, great job guys




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  • gopi544
    10-28 03:29 PM
    Hi,

    I got a RFE on my 485 to submit all the W-2 and 1040. I do not have one of my W-2 form which my previous employer never provided me.

    I want to write a covering letter regarding non availability of that W2. I have email proofs of my requests to the employer regarding the W2. I also want to attach a copy of the letter which IRS has sent me regarding the complaint I have filed regarding the same.

    Could any of you guys help me with a format of the letter and also what all I need to include in that letter. I also need to know to whom should this letter be addressed.

    Thanks for any help.



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  • InTheMoment
    07-29 11:02 AM
    A good attorney would never recommend job description in such micro terms. What does your labor certification say ? Match it as much to that one. CIS is not concerned about that level of micro detail (servlets or XML). The description should be a a level that can be easily understood by an adjudicator.




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  • davidmaria
    06-24 05:43 PM
    Hi

    my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
    I am still working with my old company B .
    My question is Am i eligible to change company C
    without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
    Thanks,
    David



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  • LongJourny
    01-23 06:20 PM
    If I am not wrong, you must be paid by your consultant. So, those missing days should be a working days as per your consultant is concerned. I work on site too. when there is holidays that my consultant doesn't approve, Consultant pay for those missing days. I am not sure how your consultant is going to utilize you for those missing days. Talk to your consultant, they should be able to help you. Good luck




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  • sathish_gopalan
    10-18 12:47 PM
    Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.



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  • cjagtap
    08-07 04:36 PM
    me 2 ..they (TSC)told me that 2 nd july filers will get receipt no by mid of august..hope that true..




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  • Photogenius
    04-17 04:04 AM
    rofl!!!!!!!! :beer: I use messenger but still, its very funny!




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  • askreddy
    07-26 12:49 AM
    Hi

    Which part of address change trigger RFE

    1) Submitting AR11

    OR

    2) Changing address for pending 485.

    Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.

    Thanks




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    07-15 12:23 AM
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    letstalklc
    10-06 11:50 AM
    I dont think so, never heard of that....



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