Wednesday, June 8, 2011

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  • pcjandyala
    08-09 01:20 AM
    am also in the same boat





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  • ras
    06-17 01:15 PM
    Employer A:
    -Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
    -Employer A is threatening to withdraw the I 140 if I move out from their company.

    Employer B:
    -Fortune Client where am currently working as a contractor
    -B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.

    I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.

    However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?

    Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?





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  • delax
    08-23 10:38 AM
    Here's a killer.

    - Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
    - When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
    - GC approved on Aug 9
    - Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
    - No idea where my EAD apps are!!! not that it matters

    GAWD - Some serious system fixes need to be done at USCIS......





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  • roseball
    08-29 10:27 AM
    thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
    I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
    Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.

    Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.

    In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.



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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.





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  • Circus123
    10-06 09:02 PM
    Thanks



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  • gc28262
    12-17 08:41 AM
    My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.

    I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.

    Thanks.

    Better to comeback by yourself as there is a 1% risk of being turned back from POE.





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  • kondur_007
    05-10 09:22 AM
    why does everyone on the forum get excited so easily?the proposals from CIR are just that-proposals. a bill has to be debated by both senate and house of reps and passed, then approved and signed by president to make it a law. Most bills do not become laws. The information of mere proposals has people all over the forum debating, arguing and doing all kinds of analysis about the various proposals in the CIR bill. So much speculation about something that is at an infantile stage makes me wonder what will happen if any of the proposals actually becomes a law!! i am sure many people in the forum will have heart attacks!!

    I see your way of viewing this; but I have to disagree with you on this.

    We have to do something for ourselves and for the future high skilled immigrants; it is now or never.

    It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.

    Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.

    I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.



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  • desi3933
    02-18 01:11 PM
    I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA

    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    This applies to interest earned on deposits in banks as well.

    _____________________
    Not a legal advice.
    US citizen of Indian origin





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  • greencard_fever
    09-19 06:58 PM
    Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..

    http://www.msnbc.msn.com/id/26792948/



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  • fromnaija
    07-26 03:38 AM
    Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.

    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.





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  • getgreensoon1
    05-11 02:27 PM
    I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime

    I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending

    We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice

    WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
    If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.



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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.





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  • 485Question
    11-21 12:23 PM
    Enjoy



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  • praveenat11
    10-08 05:05 PM
    Are the dates current for I-485 filing?





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  • v_javans
    09-10 01:49 PM
    Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.

    Thanks,
    javans



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  • jonty_11
    07-05 03:34 PM
    "Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
    source/link always.....please





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  • puddonhead
    05-22 09:47 AM
    The terms "Active Trader", and "Active Investor" may sometimes denote two completely different things.

    "Active Trader" (http://en.wikipedia.org/wiki/Active_trading) is one who does day trading. While this opens you up to a pandoras box of regulatory and compliance related stuff - which I would find to be too onerous as an individual - it is perfectly OK to do this in H1B from an immigration law standpoint.

    The term "Active Investor" is sometimes used to refer an "Active Trader" - and at some other times loosely used in lieu of "Activist Investor" (http://en.wikipedia.org/wiki/Activist_investor). It is NOT OK for an H1B to be an activist investor.





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  • amitjoey
    07-10 12:31 AM
    Waiting for your report anxiously, wish there were more people.





    Sk-1
    09-06 07:39 PM
    All,

    Background:

    EB-2 India
    Employment based petition
    PD: Feb 2003
    Labor approved (after a long wait at Backlog reduction Ctr)
    I-140 filed
    Waiting for PD to be current to be eligible to file I-485

    To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

    1) Birth Certificate: I have my original birth certificate but it is not in English.
    a. I have a translated notarized version in English from India. Will this suffice?
    b. If not, can a birth certificate issued by the Indian Consulate General suffice?
    c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

    2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
    a. Do I need to have a police clearance from India?
    b. If so, can a Police clearance certificate from Indian Consulate General suffice?
    c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

    3) Medical: I have the list of approved Doctor�s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
    a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
    b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

    4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?


    Thanks in advance.





    raj3078
    07-12 10:16 AM
    just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu

    I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)



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