Friday, June 10, 2011

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  • martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.





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  • Madhuri
    09-01 04:05 PM
    me too. I am a big fan of bee, logiclife, sunjoshi.


    i m a big fan of the bee and ragz4u and sunjoshi

    of course these daysi m interacting only with pappu...getting his "kangi" all set up





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  • rjgleason
    July 18th, 2004, 07:10 PM
    I doubt very much that one could find any worthwhile criticism of the works of Janet, Gary & Anders............(and a lot of others here)

    And if one tires of birds, flowers, etc. then someone should offer to share a branch with this guy:

    http://www.dphoto.us/forumphotos/data/574/6HW7M7993_cc-med.jpg





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  • crystal
    02-14 05:23 PM
    If you jump to EAD ,you cannot bring ur wife here on dependent visa. You are better off being on H1B till you file I-485 for your wife.


    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    iany inputs are appreciated??



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  • nousername
    03-18 09:35 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?


    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


    I





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  • pa_arora
    06-13 03:31 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
    The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.



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  • Dhundhun
    06-17 06:23 AM
    To whom they tried to deliver....basically its PO box..no signature required for PO boxes.

    In real practice, they leave a note in PO Box. After reading note, that something is for you, you need to stand in Q, sign it and receive it.

    I think, USCIS is also undergoing same thing. Post Office must be putting notes in boxes. Due to high volume, signing part must be getting delayed.

    Accordingly Post Office must be putting on-line status as attemped to deliver.

    I never ask for Signature Confirmation on PO Box. Delivery Confirmation is enough.





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  • number30
    03-18 06:13 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


    I



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  • jnraajan
    04-09 04:52 PM
    My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.

    Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.





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  • Administrator2
    10-22 12:19 PM
    Please do not lose heart. We are working behind the scenes to get things moving. Nothing will happen just for EB3. Things will happen for everybody together. Don't ever let anyone fool you saying that something will happen only for EB3-I or EB2-ROW. Because no matter how much we want, things don't work like that. Everything will get done tother for all categories. We are causiously optimistic about the bill in Jan-2010. Hang tight and please actively participate in the action items.



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  • BharatPremi
    10-29 04:10 PM
    Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .

    They will play this game of presenting and failing bill till 2009. We have seen hundreds of them failing and will see couple more. They are not wasting time.. They are creating vote banks for next election... If any new change is going to happen, will happen after elections.





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  • jnagendra
    10-05 06:23 AM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.

    Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....



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  • glub
    02-23 01:30 PM
    People may already know this, but just to highlight it for people who don't - here is the "Resources to meet lawmakers" page: http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36

    Great stuff...





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  • a_tyagi26
    02-23 06:06 PM
    I have same problem from. I cannot click on the very last post, on first column of forums on homepage.



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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"





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  • sripk
    07-18 08:52 PM
    Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.

    I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
    I have a copy of my previous I-94 entry card from <prev_entry_date>


    Few questions that may arise based on above statement:
    1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
    -Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.

    Any other possible questions you can think of that needs to be addressed in my statement?



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  • spgtopper
    02-12 09:52 AM
    Good find. Thanks for posting it here. Pl. continue to update all readers.

    Thank you,

    S.





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  • LostInGCProcess
    02-04 04:48 PM
    need to travel in few days and my AP is about to get approved.

    How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.





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  • summitpointe
    04-09 04:09 PM
    :)





    bpratap
    02-02 03:34 PM
    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions





    nat23
    03-09 01:16 PM
    If I think from company's point of view then what they are doing is that they are cutting down their liabilities. If they put you on LOA they would have to pay for insurance and other benefits. I dont know if its right to read too much between the lines.

    I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.

    All the best

    Cheers
    Nat



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