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  • satishku_2000
    01-07 07:05 PM
    Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.

    By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.




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  • HRPRO
    03-07 12:32 PM
    That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.

    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.




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  • vallabhu
    07-03 03:35 PM
    First question

    Is your existing H1 still valid and how many days you you have on that.


    You have two scenarios here

    1) H1 approved while u r in Mexico
    2) H1 approved after comming back to US


    1)
    if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back

    Second is safest bet for you.




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  • tempgc
    09-24 01:27 PM
    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.



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  • pal351
    11-22 09:16 PM
    Fee : $305.00

    Applied on line, printed the form.

    Attached the following and sent them to USCIS
    1) 485 - copy.
    2) Old APs 2 - Copies.
    3) Cover letter explaining that I need to visit my parents as they are old.
    4) DL - Copy.
    5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)

    I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.



    Thank You.




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  • h1gc
    09-25 02:58 PM
    Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

    HTH,

    If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.



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  • fcres
    07-12 04:43 PM
    I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.

    This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.




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  • number30
    03-28 12:29 AM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.



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  • aachoo
    02-21 01:33 AM
    You are not alone�

    This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

    Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.

    My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
    -a




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  • SunnySurya
    08-08 10:30 AM
    I had Infopass appointment at Newark. Lady gave me a letter stating that my Name check is cleared. She did not provide any other information...



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  • H1B-GC
    06-25 09:54 AM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    Below are the links that might be of interest. a discussion is going on i other immigration forum.

    FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)

    US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)

    Thanks for your thoughts on this!!




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  • veni001
    11-08 04:54 PM
    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o

    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o



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  • satyasaich
    05-01 01:36 PM
    If you carefully see the qualifying options for an emergency appointment (who stays and currently working in US can easily qualify) , we can chose the earliest available date at any of the centers like Mumbai/ New Delhi/ Kolkata/Chennai. But the catch is first of all you have to entrust someone in india to go to HDFC bank to pay the fee and get the receipt number.
    Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.

    Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database

    Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)

    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).




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  • TomPlate
    02-03 02:54 PM
    I am going to travel to India.

    I am in H1B and have valid Advanced Parole and expired EAD.

    What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.

    1. 485 Receipt Notice.
    2. Copy of 140 Approval Notice.
    3. Employment Verification Letter.

    Anything else? Please let me know.



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  • GCWarrior
    04-16 04:55 PM
    Our attorney contacted the service center today to say that it is service error and asked them whether it is possible to reopen the case without going thru official process. Not sure whether this works or not and also whether I should believe this or not? Any one know the occurances of these in the past.

    Thanks




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  • ksairi
    08-18 08:06 PM
    USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.

    That's great



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  • h1vegas
    06-24 05:28 PM
    ^^^^^




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  • she81
    11-09 07:40 PM
    Listen to this. A week after our company filed our 485 (after my conventional labor got approved first week of August) and quite a few of my colleagues were in the same boat, they mysteriously changed our lawyers - apparently none of us had even receipts by then. The old lawyers were not ready to talk to us as they transferred our files to the new firm, and none of us had an idea what to do. On top of that, our HR rep did not provide us with any contact info of the new Law Firm and insisted every communication go through her (and when she forwards their replies to us after taking her own sweet time, very meticulously she removes all contact info from the emails).

    They're never short of ways to annoy us immigrants.




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  • rajeshalex
    11-27 04:56 PM
    U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.

    However if the company has received a140 receipt then the receipt will have
    the beneficiary name

    If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
    Rajesh




    bsbawa10
    09-15 05:13 PM
    Love the idea. I will follow.




    Munna Bhai
    12-10 08:09 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

    you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.



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