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  • arihant
    03-14 04:43 PM
    http://www.germany.info/relaunch/info/consular_services/visa/transit.html
    after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa

    I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?





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  • lacrossegc
    09-06 05:00 PM
    " FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.

    The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice

    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.





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  • augustus
    04-22 11:30 AM
    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?





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  • qplearn
    12-20 08:45 PM
    Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.

    My point is how can employer deduct tax with is not shown on pay slip.

    What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
    I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.



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  • venky08
    01-07 03:12 PM
    there is a discussion about this elsewhere in the forum. please go thru the previous threads.

    in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.

    Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...

    if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.

    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.





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  • vivache
    09-26 05:14 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question .
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)



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  • Green.Tech
    08-03 05:13 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    What was the reason of denial please?





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  • harrydr
    03-29 11:06 PM
    What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.

    We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??



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  • jayleno
    08-09 10:17 PM
    Hi
    I have attended a Kaplan center in NY. Call Kaplan and ask them if they have the ability to sponsor an I-20. I know one in Manhattan(56th street) does.





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  • fromnaija
    12-09 04:09 PM
    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.

    I will not argue with what your lawyer tells you.

    However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.



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  • gc_on_demand
    06-11 06:52 AM
    Remember CIS told that they will make I 140 PP available in batch. I think this is first step towards that.

    As of april 2008 there are 140,000 cases are pending .. How many will get benefits of this rule any idea ?

    What will be next batch ?





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  • Madhuri
    03-17 04:17 PM
    Faxed mine yesterday.



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  • peer123
    04-03 07:20 PM
    Thanks for your inputs,... I welcome others thoughts and experience on this topic





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  • skark
    08-22 11:04 AM
    All the people that got the EAD approval have their pending I485 in the same service center where they applied for EAD renewal...does this have anything to do with their fast approvals?

    This is so depressing!
    :(

    I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!

    Is anyone else in the same boat got their EAD approved?
    Did I send my application to the wrong service center, I live in North Carolina?

    I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!

    Please advise :confused:



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  • EB3June03
    06-25 06:47 PM
    So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.

    I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.

    Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)

    View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information

    Did any of you folks run into similar situation?





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  • tnite
    08-09 10:45 PM
    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

    The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.



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  • TeddyKoochu
    09-24 01:47 PM
    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.

    This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?





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  • gcdeal
    07-10 07:57 PM
    Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!

    She was a weekly columnist for Express Computer on immigration topics.

    nnair@nair-law.com
    www.nairlaw.com


    She is a total B**** . You cannot even ask her a question!





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  • knnmbd
    08-30 12:36 PM
    I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)

    This is an excerpt of Section 201.
    Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
    in the United States from the annual green card (i.e. immigrant visa) cap.

    All I was trying to say is that only "accredited" programs might be eligible, and I am not too sure how many online Master's fall in to this bracket, but not too many I guess, except for some of them offered from top-notch schools.

    Again, this is just speculation as no one has yet seen the nuances of the bill.





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    sgorla
    06-05 05:42 PM
    The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?

    I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

    Status: Notice Left

    We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    The address where i sent is
    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    Any clue what may be going on - this is another round of fun :confused:



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