sdeshpan
07-01 10:40 AM
You got that right! I have been trying to keep up with these changes myself and found it very interesting that these 3 countries all made these sweeping changes all within a few days of time!
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abhishek101
06-02 08:37 AM
I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
number30
03-11 10:33 PM
Interesting. I never received the 1099-INT. Will talk to my bank.
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
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ChainReaction
04-24 07:04 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
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neeidd
07-10 11:35 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
jelo
06-15 05:28 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
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digital2k
08-03 06:31 PM
*
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willwin
08-11 11:29 AM
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
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rheoretro
08-18 01:20 PM
The I-140 stage these days isn't very slow, but at one time in the not-too-distant past it was...
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LookingForGC
12-09 02:51 AM
Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.
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giddu
06-30 02:40 PM
Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?
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izolo
06-07 06:10 AM
more questions:
1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
3- Do I have to go back to my home country if it is approved to get the new I-94?
6- Does anybody know where should I ask for duplication as I dont have the originals?
7- can I apply for GC instead of extension with the same employer? will this help?
I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?
1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
3- Do I have to go back to my home country if it is approved to get the new I-94?
6- Does anybody know where should I ask for duplication as I dont have the originals?
7- can I apply for GC instead of extension with the same employer? will this help?
I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?
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number30
03-11 10:33 PM
Interesting. I never received the 1099-INT. Will talk to my bank.
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.
more...
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bijualex29
03-24 12:48 PM
I am wrong in my number. I added 10% to EB-1,2 and 3 all separately
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sparkle1
03-24 08:37 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
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GC Struggle
04-10 11:49 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
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santa123
07-22 07:40 PM
I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
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eyeopeners05@yahoo.com
04-30 01:19 PM
July 2nd 2007 485 filer. EB3 - July 2003 PD
Received EAD and AP in September 2007.
H1 of current employer valid till 2010
Married in November 2007 and wife in USA in Dec 2007 on H4 .
180 days after 485 filing completed in Dec 2007.
I heard that I cannot use my EAD now to switch jobs as my wife will be out of status since she is not on my green card file yet(dates have to be current to add her).
Now, I have a new job offer. Can I use AC 21 and have the new employer file a new h1 and h4 and do a job change ?
Can anyone let me know if I will have any problems either with my green card or with my wife's status in the USA after the change filing a new h1 and h4?
Received EAD and AP in September 2007.
H1 of current employer valid till 2010
Married in November 2007 and wife in USA in Dec 2007 on H4 .
180 days after 485 filing completed in Dec 2007.
I heard that I cannot use my EAD now to switch jobs as my wife will be out of status since she is not on my green card file yet(dates have to be current to add her).
Now, I have a new job offer. Can I use AC 21 and have the new employer file a new h1 and h4 and do a job change ?
Can anyone let me know if I will have any problems either with my green card or with my wife's status in the USA after the change filing a new h1 and h4?
chanduv23
02-09 02:40 PM
willgetgc2005
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.
ab_tak_chappan
09-10 11:11 AM
Glad to see our EB3-ROW friends making some headway!
Lets congratulate and feel happy for them instead of crying
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
Lets congratulate and feel happy for them instead of crying
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
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