Tuesday, June 14, 2011

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  • sathishav
    02-25 10:48 AM
    It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.

    That's a good point. Never thought about that.




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  • srikondoji
    08-10 11:43 AM
    >>This is true. That said, if you transfer from one office/department to >>another office/department within the same employer, you can count the 5 >>years experience as long as these two offices/departments are using two >>different Tax Id for your W-2. This is what our lawyers told us.

    Wow. This is news to me?
    How can an employee get two different tax-ids if he is shifting departments and still is in same country?

    Thanks for the info. This piece of info few months ago would have made my life.




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  • prem_goel
    07-22 03:56 PM
    IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.

    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?




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  • styrum
    01-12 04:34 PM
    http://en.wikipedia.org/wiki/Writ_of_Mandamus



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  • immiindi09
    01-12 01:55 PM
    Gurus,

    Here is what I found on USCIS website for renewal I765
    *****
    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
    *****

    I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
    is expired and want to renew it.

    Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?

    Does any one has any idea?




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  • hpandey
    01-08 01:29 PM
    my spouse did not change her last name. Its not required in America. Even the bank accounts are different.

    My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.



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  • mudigondag
    01-25 10:55 AM
    Thanks for providing the information. It helps a lot.




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  • andy garcia
    09-17 12:49 PM
    Come on Andy - I am looking forward to see you in DC

    I saw those guys in the situation room. I will look like their grandfather.:mad:



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  • AmericanAccent
    09-06 10:11 PM
    This is offtopic ,thought this might help others ,just like myself

    If any one wants to get XXXXXXXXXXXXXXXXXXXXX
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    Since I live in NY ,I took private classes .

    P.S I just want to spread the word ,those who are motivated can contact above

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    NOTE FROM MODERATOR: Members posting advertisements will be banned




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  • ssksubash
    11-13 04:04 PM
    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.


    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.



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  • milind70
    07-26 12:44 PM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    http://www.uscis.gov/files/form/I-765.pdf
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.

    I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.




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  • snathan
    12-19 10:32 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    Contact the History channel and ask the same question.



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  • god_bless_you
    04-28 01:07 PM
    The attached USCIS memo document will be helpful regarding this issue:




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  • sertasheep
    05-30 05:14 PM
    Thats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
    (including the core team.)

    This is a great achievement. I deeply respect the involvement and the efforts of the core team members.

    :)



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  • Dhundhun
    06-14 02:39 PM
    I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.

    Is it not that three contineous salary slips (on prev. H-1B employment) required for filing H-1B by new employer?

    If such changeover is allowed, it it not misuse of system? People have applied multiple H-1B due to lottery. If this is allowed, people can easily move to the employer they wanted without going through the USCIS approved employer.

    And I have been hearing that there are many employers ready to file H1B if you pay them cash.




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  • GCapplicant
    06-30 01:14 PM
    Thanks pappu...



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  • hur11
    01-22 07:26 PM
    http://www.murthy.com/news/n_inseb2.html

    Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.




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  • cbpds
    08-05 02:23 PM
    Guys as gk_2000 said it does not apply to us
    Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)




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  • kondur_007
    09-22 03:09 PM
    Hello IVans,

    According to Attorney Murthy on June 27, 2008,
    "It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
    http://www.murthy.com/news/n_pp4140.html

    I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.

    Does anyone feel the same? any thoughts?

    I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).

    I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).

    TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p




    glus
    12-18 09:13 AM
    Hi Charles,

    Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?

    The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?

    Thanks

    Dexter,
    In addition to what the attorney wrote, PERM appeals take forever. So the best would be to re-apply for a new PERM.




    eager_immi
    02-15 10:06 AM
    Please read comments carefully, the person has GC, spouse does not, he/she may have gotten married after GC. Yes spouse can get H1B with no problem.

    Thanks

    :confused:
    why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
    If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS



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