Saturday, June 11, 2011

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  • GC_1000Watt
    12-09 05:14 PM
    I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
    on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
    My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

    Am I an illegal resident now?


    Until when can I stay in the us?


    Should my employer appeal the case and by when should he do that, is there premium processing for this?


    How long does the appeal process take ?


    Can I work while the case is appealed?


    How many days can I stay in us after the case is appealed?


    How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


    What are the chances of approvals in Premium processing in Current Market?


    Can I start working once the receipt for the new h1b petition comes in?


    If not, can I work once the h1 is approved or should I go to India and reenter to start working?

    Can i transfer my approved I140 to a new employer ?

    I will really appreciate your feedback on this.

    Thanks in advance.





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  • tp976
    04-30 05:38 PM
    thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at





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  • gcnirvana
    01-17 12:33 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut

    You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.

    By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
    http://www.irs.gov/individuals/article/0,,id=96287,00.html

    hope this helps,
    GCNirvana





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  • arunkotte
    08-10 03:48 PM
    21. The Department Of Homeland Security And The Department Of Labor Will Study And Report On Potential
    Administrative Reforms To Visa Programs For Highly Skilled Workers.



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  • greyhair
    09-08 01:10 PM
    If by stoke of miracle private outsourcing is banned, the price of almost every product and service will increase by many fold. Everyone is scared of inflation because of lenient monetary policy. If outsourcing is banned, it will result in price increases many times more than the price increases caused by inflation.

    It will make sense if a candidate running behind in the election polls would adopt the slogan "ban outsourcing". Other than that it is unwise to think that banning outsourcing will have any positive impact on the people in US. Obama ran on the platform of banning or putting restrictions on outsourcing, didn’t he? What happened? Why did he not ban outsourcing? The truth is, even when a few million people are hurting, outsourcing has overall huge positive affect for most Americans. Even when people don’t like outsourcing, they are always looking for latest cheaper goods. Are you not looking for deals on websites hosted in Canada or China or wherever? If it is good for you (buyer) to get access to goods in open competitive market, then why is it not good for companies to buy the things from open competitive market?





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  • eb3_nepa
    07-20 04:40 PM
    bump



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  • smisachu
    06-19 10:05 AM
    Hi Guys,
    My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
    His PD is Feb06, EB-3, ROW.

    Can he not travel on his H1 once the he files AOS?





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  • gc_eb2_waiter
    02-13 02:00 PM
    Help IV Help U



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  • zigma
    04-06 07:21 AM
    With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

    IMHO, this bill amounts to saying,
    1. Let's legalize some of the illegals
    2. Let's push the the rest of the problem away for another 10-12 years
    3. A compromise

    But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?





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  • styrum
    03-14 03:17 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...

    http://www.germany.info/relaunch/info/consular_services/visa/transit.html



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  • dealsnet
    07-23 02:12 PM
    See this thread for it.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499

    In the stated situation, I would opt for changing the I-485 case to consular processing.





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  • smuggymba
    03-22 03:12 PM
    hpandey,

    Thank you for your reply. Yes, new H-1B comes with new I-94.

    The new 194 should have a date...if u filed extension before expiry of previous 194...i dont see any problem.



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  • doubt123
    06-15 01:46 PM
    Hello,

    I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
    WE did this, and we got our H1 approved and also I-140 got cleared.

    Please check with your lawyer before you follow this step as I am not a lawyer.

    Hope this helps and All the best...





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  • sathweb
    01-21 12:57 PM
    Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:

    (Atleast his thought is good, to keep your mind at peace)

    I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.



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  • desigirl
    04-27 09:09 AM
    2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
    I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.





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  • fromnaija
    09-22 05:55 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.

    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.



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  • nonimmigrant
    03-31 06:16 PM
    Congratulations. Enjoy your freedom.

    What is the process did you followed to port from EB3 to EB2 ?

    New Labor with EB2 Job requirements
    I-140 Approval
    Port Over EB3 priority to EB2 after I-140 Approval

    (or)

    Do we have any other route to port over from EB3 to EB2.





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  • NWISE
    06-23 02:57 PM
    It seems like earlier there used to be a certainty with the CIR. The news over the past few days is indicating that this certainty no longer exists.
    As I have suggested before, does it make sense to close our eyes to all other options and just concentrate on CIR? If the CIR does happen, great! If not, what then? We're left empty handed once again. It would be prudent to continue to work on the smaller bills that will help alleviate the problems.
    The way to go at this huge problem is to attack it piecemeal. Take small bites and keep furthering our agenda in small steps. Small successes will improve participation from this community, generate momentum and help our cause.





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  • bobzibub
    09-25 10:57 AM
    I dunno about you, but really I don't think we should pay any fees until we get some sort of product to show for it. I don't pay for a hair cut that might happen in ten years. Why should I pay for a green card that might happen in ten years?





    go_guy123
    09-10 03:36 PM
    If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show

    Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.

    Doctors, Lawyers etc fall into Job Zone 5 (EB2)





    sundar99
    05-03 11:34 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.



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