senthil1
05-04 09:51 PM
Minimum 60 days after President signs. It could be more than 60 days mostly specified in bill
what date is it likely to take effect (become a law)?
what date is it likely to take effect (become a law)?
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jaggubhai
08-12 09:48 PM
I just checked the copy sent to me from my law office. It says I-485 pending for the current status. I got the EAD renewed without any problem.
I saw somewhere that you can alos write AOS pending.
Hope this helps.
I saw somewhere that you can alos write AOS pending.
Hope this helps.
sundarpn
07-22 04:20 PM
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
double sided with Flip to Top option.
Did anyone else do the same?
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gc_chahiye
08-12 01:20 PM
read the approach called 'bridging' (last paragraph) here:
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
http://www.murthy.com/news/n_yath1b.html
it literally describes your case (H1 transfer to C when a transfer to B is pending).
more...
nt07
11-08 09:37 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
grinch
05-10 09:48 PM
Yeah I noticed you like his little errors heh? Hahah nice concept!
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abd
09-22 01:03 PM
Cyrus Mehta Law Firm and Associates. Little expensive but worth it.
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chanduv23
11-14 07:52 PM
^^^^^^^^^
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mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
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kirupa
05-27 03:14 PM
Added the second one up!
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chanduv23
03-14 06:02 PM
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
Way to go jnraajan - keep your spirits high, the chapter will evolve.
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
Way to go jnraajan - keep your spirits high, the chapter will evolve.
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neeidd
07-08 07:31 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
more...
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apahilaj
06-18 11:53 AM
Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? paid the Biometric Fee last year when Applied for the First Time.
I did not pay any biometric fee for my AP renewal. My application is pending with TSC since May 30th.
I did not pay any biometric fee for my AP renewal. My application is pending with TSC since May 30th.
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ski_dude12
09-14 11:18 AM
My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
more...
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sac-r-ten
03-16 05:03 PM
h1bjava, why are you so much worried about denial. why are you thinking so -ve to start with.
I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.
I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.
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tillu
04-02 02:27 AM
Can someone help??
Where are the guys who can reply this.
Please reply before it is too late for me.
Where are the guys who can reply this.
Please reply before it is too late for me.
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newbie2020
08-27 12:00 PM
I had posted this info much earlier..... Look at my other posts.
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rockstart
11-18 01:53 PM
Most of these employers have a standard templates for H1 application and all they do is FIND & REPLACE to modify it to suit each individual applicant. In my case the person who was modifying it for me changed my Name in most places except one place where it was still saying the name of some other person. So the application was like this
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
This is visa petition for Mr XXX ..............
Mr XXX has degree in MS Comp Sci and Mr ABC has finished his undergraduate in .....
I had not seen this till the day I was leaving for Canada for my stamping & I panicked but then there was not much I could do so I decided to take a chance and the VO did not ask me for the petition and even if he has I am not sure how keenly he would have read it. It was a genune oversight not any falsification and definately I was not to be held responsible. But in your case since it is degree issue it is better to talk to a lawyer though statistically VO does not have time to read through the visa peition its just too long for the time they have allocated for the interview.
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
dixie
06-09 01:36 PM
Hi All,
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
mayhemt
03-02 06:27 AM
Sorry to hear about your upcoming hardship..
I 've had a similar situation recently - where my H1B (with employer A) was about to expire and then another employer (B) had to recruit me, they filed for transfer+extension.
In I129 while filing, they would have to select (cant recall the exact verbiage) new employer (related to transfer) AND extension of current status. Its better to file this kind of petition premium. I got the new approved petition within 2 weeks with new expiry date as +2yrs, with start date earlier than the H1B expiry date (with A).
I 've had a similar situation recently - where my H1B (with employer A) was about to expire and then another employer (B) had to recruit me, they filed for transfer+extension.
In I129 while filing, they would have to select (cant recall the exact verbiage) new employer (related to transfer) AND extension of current status. Its better to file this kind of petition premium. I got the new approved petition within 2 weeks with new expiry date as +2yrs, with start date earlier than the H1B expiry date (with A).
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