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  • krishnam70
    03-05 12:00 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    This might be an Attorney question

    1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
    2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
    3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
    4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.

    On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.

    - cheers
    kris





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  • letstalklc
    10-09 05:24 PM
    Good think is that they didnt put it back...

    I think we could see some forward movement in December Bulletin if spill over rule applicable, otherwise wait for september 2010......

    the only option is that VISA RE CAPTURE BILL.....





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  • Macaca
    02-23 01:17 PM
    In addition to contributions, we need to work very VIGOROUSLY on timing the following with the appearance of our Bill on the Hill.

    2. Grass root lobbying of our local legislators.

    3. Media publication of our issues.

    Please focus on these three issues only. Put them on your fridge, car, bathroom mirror, forehead, etc. Whatever works for you.

    The remaining activities are of ABSOLUTELY no use for our cause.





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  • newuser2011
    05-16 04:15 PM
    My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.

    How long does it take to get the AP and EAD? Can she leave the country without the AP.



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  • god_bless_you
    07-18 09:17 PM
    You can apply from your Wife's company for that You will be dependent and her's will be primary.
    When submitting you need to enter Alien numbers obtained from the first filing.
    The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
    Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,

    HAVING MORE OPTIONS IS ALWAYS BETTER!!





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  • brij523
    02-28 03:18 PM
    bump up



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  • gc_on_demand
    03-19 11:52 AM
    I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.

    I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.

    I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.

    WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.

    if you want help update profile first





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  • Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)



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  • jsb
    12-16 12:41 PM
    Ladies and Gentlemen,

    As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.

    Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).

    So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.

    Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....





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  • akkakarla
    09-01 04:45 PM
    Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..



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  • stuckinretro
    10-03 12:18 PM
    I received the same email for 131 waiting for the hardcopy.

    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.





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  • ArkBird
    10-04 08:34 PM
    How did they pull it off?

    We have been waiting for data like this since umm..... last ice age??

    Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....

    We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!

    In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)

    I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.


    Let the Reds rain!



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  • speddi
    11-10 01:00 PM
    I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?

    Thank you,





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  • quizzer
    09-28 12:33 AM
    EB2 or EB3?



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  • anil_gc
    11-26 04:56 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil





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  • number30
    03-14 06:17 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me

    It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.



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  • deba
    10-27 10:36 AM
    Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.

    Deb
    Contrib $900 so far
    EB2 India PD 03/05
    I140 09/07
    I485 07/07





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  • chanduv23
    07-17 10:39 AM
    Thank you Ganguteli and Elaine for your responses.

    It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.

    Thank you once again for your replies.

    Congrats - there was no need to go through this. Unfortunately the system has been this way and in some way or the other most of us get into these situations.





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  • claudia255
    10-22 03:11 PM
    Thanks Admin2.





    lvinaykumar
    04-22 05:02 PM
    For me to even think of getting a GC i might have to atleast move to EB2 from EB3 :mad:





    immigrant2007
    08-05 01:37 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    --Is it a DREAM?



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