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  • FUNTIMES
    04-15 02:22 PM
    Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.





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  • HRPRO
    02-25 10:39 AM
    I am also looking for answer on this..Anyone please??

    The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

    And not to affect your long term stay in the country, it is better to leave the country immediately.





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  • kiran_k02
    01-12 12:58 AM
    If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.

    Masterji, I will not be able to come on AP as my Passport is in Application Package.





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  • praveenat11
    10-08 06:00 PM
    are the dates current for EB1 category to file I-485?



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  • pappu
    02-23 12:53 PM
    Is IV aware of this meeting

    http://judiciary.senate.gov/hearing.cfm?id=2555
    Yup much before. Some core members are already in DC since yesterday and working on it.

    Have you met your lawmakers yet?

    If not, do that soon.





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  • sri1309
    10-23 07:08 PM
    Thanks guys,

    One more related question.
    If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1



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  • ttdam
    11-05 09:58 PM
    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.

    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04





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  • ramus
    07-06 10:43 AM
    It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.

    Thanks for your support.


    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?

    Thanks
    Sree



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  • satishku_2000
    12-21 08:05 PM
    There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.

    Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.





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  • bekugc
    06-20 05:57 PM
    sure, pls verify with lawyer to be safe

    common consensus seems to be -->

    if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
    But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
    After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
    After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
    Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

    hope this helps...



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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.





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  • reverendflash
    10-21 04:10 AM
    oh well, we can't make it look too easy... :P

    I actually have it right so far... win in game 1, loss in game 2, win games 3 & 4...

    just my predjudiced and not so humble opinion.

    Rev:elderly:



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  • gc28262
    05-04 10:21 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.





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  • jcrajput
    10-16 11:41 AM
    I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
    I appriciate your help.
    Thank you



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  • snathan
    11-27 11:25 PM
    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!

    How long this bond is for. You employer seems like a cleaver and cunning guy.





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  • arc
    10-04 01:38 PM
    Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!


    Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...



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  • Administrator2
    07-07 08:05 PM
    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team





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  • hourglass
    02-15 10:01 PM
    Hi,

    I am working on 8th year H1 visa (with approval notice) valid thru september 2009

    Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.


    I went to Ottawa, Canada in January for visa stamping. I got Visa done.
    On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.

    Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.

    Good Luck for your stamping.





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  • Jimi_Hendrix
    12-13 10:40 AM
    a level playing field for CIR. This is just an attempt to increase publicity on Enforcement work.

    Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.





    LostInGCProcess
    01-16 12:45 PM
    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.

    Agreed.





    ski_dude12
    08-09 01:09 PM
    The top reason would be-

    "We are the USCIS".

    What say?



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