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  • webm
    05-29 09:30 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.
    You should still consider the one which is on the AP document...




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  • HRPRO
    02-10 09:31 AM
    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?

    Krish,

    it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

    HRPRO




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  • ufo2002
    09-11 04:50 PM
    EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
    Just j/k, :p




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  • 485Mbe4001
    11-29 03:49 PM
    Get a syllabus booklet from your university. if you attended a 4 year course they will send you 1 booklet for each year which describes the required courses and the course content in detail. Send this with your reply to the RFE, refer to the pages where they mention the course content and graduation requrements. A friend of mine did this 6 years back for his RFE and was approved. The problem was that the transcript mentioned math but USCIS had not idea of the level of math at the university (yours could be similar...just guessing).

    The other option could be to get your transcripts evaluated by a third party.



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  • BlueSoft
    01-16 06:19 AM
    Hello,

    Do not upgrade your file for Premium Processing. Any time you do that, chances for an RFE from USCIS goo higher. You will get a decision from USCIS within two weeks for sure. You can also call USCIS as right now they are processing cases which they have received in late July and mid August.




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  • katakamk
    02-07 09:55 PM
    Hi Kapil,

    what is your priority date & category (EB2 or EB3)? when did you apply I485?

    with regards,
    EB3 - 2003 PD



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  • chumki
    12-18 02:21 PM
    gcwait2007 ,

    I was told that filing AC-21 memo to CIS is NOT mandatory under law.

    why do I "have to " to file it?

    one concern i have is that I joined the current company BEFORE 180 days (just 14 days before) as I got laid off from my pevious employer and the previous employer will NOT revoke the I-140

    If I file AC-21 now, Will not USCIS find out that I joined before 180 days and find out I was laid off and cause unnecessary complications with RFE etc?

    Please advise your thoughts




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  • rajenk
    01-23 12:49 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

    When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy



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  • a_yaja
    03-07 09:43 AM
    You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

    I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.




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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.



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  • dpp
    02-12 12:35 PM
    It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.




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  • OLDMONK
    06-07 03:56 PM
    AP has a news which says this bill has been voted out at senate.

    http://news.yahoo.com/s/ap/20070607/ap_on_go_co/immigration_congress

    so guys relax now!!!!! enjoi!!!


    I think you are referring to test cloture vote which happened 2 hours ago



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  • Honda
    09-03 01:21 PM
    All Charge-ability Areas Except Those Listed CHINA- mainland
    born INDIA MEXICO PHILIPPINES
    Employment-based
    1st C C C C C
    2nd C 08JAN05 08JAN05 C C
    3rd U U U U U
    Other Worker U U U U U
    4th U U U U U
    Certain Religious
    Workers U U U U U
    5th C C C C C
    Targeted Employ-
    ment Areas/
    Regional Centers C C C C C


    If the priority date is "U" how come you are expecting the Green cards?




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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).



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  • mjdup
    12-14 10:08 PM
    I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.

    thanks,




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  • ak_2006
    04-30 06:08 PM
    5:30 PM: Shumer concludes the hearing saying that it's not going to be easy, but I think we're going to get something done. Thank you.



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  • GCwaitforever
    07-05 01:23 PM
    Ask them to allow you to roll it into an IRA instead of cashing out as income. You will have 10% penalty in addition to big tax bill otherwise.




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  • mgos
    07-21 10:10 AM
    Legislatively, is there a way the bill can be revived? If so, can we involve the democrats by lobbying through the south asian/indian caucas?




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  • jkays94
    04-26 06:57 PM
    Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321

    I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :

    Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355

    More contacts here : http://www.dailybulletin.com/contactus




    IntezarGCKA
    02-17 11:32 AM
    I am a new member of this org. I read about Immigration Voice on MSNBC and joined in.

    This is the first organization that I have ever heard in my entire carrier who has taken up work upto this extent.

    I am happy to be a part of this.




    scorpioduo
    04-16 03:58 PM
    EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.

    I agree with GC Struggle here....



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