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  • hersheygaile
    09-09 06:23 PM
    HELP!!!i'm confuse!i entered here in the US as a tourist visa last year oct 2008.my 1-94 lapsed last april 30, 2009 but i'm still here in the US because i have a pending immigrant petition as a nurse and my lawyer said i could stay until 180 days which will end on oct 2009. I was filed as h1b for non profit organization last sept 1 as a dietitian on premium processing. My employer told me to just wait for my notice of receipt and approval in 15 days.My question is that it will be possible for the USCIS to approve me because technically i am now out of status but i do have until October to stay here because of my 180 days. I need some answers to clear up my mind.





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  • wandmaker
    12-17 01:49 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced

    a. You wait for MTR results and make a decision based on that
    b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
    c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.

    consult a lawyer immediately as yours is a tricky situation.





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  • sam_hoosier
    11-12 03:44 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.





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  • UKannan
    04-23 01:03 PM
    I just got notice that my cards have been sent for production for my family and I with the exception of my 3 year old son. They have asked for an RFE for him. Has anyone come across this issue? I assume its something basic like photo or updated medical?? Please help.

    Post the RFE.



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  • continuedProgress
    04-28 11:23 PM
    Renewed my AP in fall of last year - applied online. Didnt need to FP.





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  • vikramy
    06-15 02:45 PM
    Several people i know got RFE during H1 transfer and few got denied . At the same time many got approved.

    Mines also got denied even though i a have a project and with big company.

    But if you are over 180 days you can take a chance. It is better that getting less salary. You can transfer on premium and switch company after it gets approved.

    On the side note: dont transfer your h1 to a company starting with cognXXXXX and ending with "solutions". their immigration department sucks and several of their transfers are having issue.




    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.



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  • neoneo
    10-29 06:13 PM
    Here's a good chance to attach the legal immigration amendment. This is all for legality of employment. Any clue on activity on this front ?





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  • krishmunn
    02-07 10:17 AM
    How much is the diffference ? If the pay (you are getting) and the required pay is not vastly different (say within 10-12 % range) you should be OK if company can prove their ability to pay.

    The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)



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  • seekerofpeace
    08-14 04:40 PM
    I am a July 23rd filer with ND of Sept 24th....no LUDs but RFE last year.....I know of ppl who got GCs with no LUDs to their records...so it is anybody's guess.

    I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...

    It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...

    SoP





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  • Munna Bhai
    01-30 09:33 AM
    Hi,

    -I got my I140 approved in MAY 2006.
    -I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
    - I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.

    -On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
    -My employer responded to USCIS letter with required documents.
    -We are waiting for USCIS decision.

    In this situation
    1.Will my H1B also be revoked if I140 is revoked?

    2. Can I transfer my H1B to another employer. How much time do I have?

    3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.

    Any other suggestions , help that you can do. Please advise?

    Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.

    Answer:Yes, you can transfer, do it as soon as you can.

    Answer:Yes, start new PERM+I-140 and get extension for 3 years.



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  • cheg
    07-13 04:49 PM
    I did it yesterday. Hope everyone else will sign the petition.





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  • alforever
    04-04 02:57 PM
    Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
    thank you! yes thats the plan of action, my employer called USCIS and thats what they told him, however, i dont think he asked speciaficlaly wether I94 was atached or not, i will check with my boss and maybe have him call back. Employer is filing the I-824 this time. I hope they dont send the duplicates to the old lawyer, as she disappeared without notice, very strange.



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  • senthil
    03-22 02:31 AM
    our sympathies go over to families and friends that are hurt by this incident





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  • loudobbs
    09-10 03:52 PM
    I have my labor approved as consultant but the Occ code is 189.167.030 which is Program Manager. I am not sure which one is valid. Also when using AC21 should the new job description match the responsibilities stated for the Job Description or what the employer described as job duties in the application?

    Any thoughts???


    There is a title called consultant. I have labor and I-140 approved on this title.



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  • chanduv23
    07-11 01:57 PM
    Congrats - Bush will sign ur Green Card :D :D





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  • abh
    08-21 12:15 PM
    I couldn't get good rep 10-15 times i called USCIS to tell me more detail than what shows online. One thing i can think of is i was pregnant at the time of my medical and couldnt get xray done as my tb skin test showed positive.
    So may be RFE for that. God Know. This waiting is killing me.

    Will i get copy of RFE or just my lawyer?



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  • pmamp
    02-27 07:29 PM
    I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
    Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.

    I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?

    Thanks





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  • PD_Dec2002
    05-22 10:38 AM
    OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.

    Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.

    As I said, it just would be interesting to know ... ...

    But if no one else finds it interesting, ignore this thread. Don't reply to it.

    Thanks,
    Jayant





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  • amirani
    03-06 01:42 PM
    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.





    snathan
    12-20 04:29 PM
    I am all up for it & won't mind doing it all...

    Then what are you waiting for...start your campaign and publish you action plan.





    kcforgc
    05-19 04:20 PM
    I missed the opportunity in July 2007 and would like to file for EAD.



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