Bpositive
01-10 10:38 PM
My wife is planning to travel on AP while H1B is pending administrative processing after a Chennai Consulate interview. We have submitted the required information but she needs to rejoin work and can't wait beyond our existing travel plans.
Has anyone gone through a similar situation. Should we be having any port of entry concerns?
Has anyone gone through a similar situation. Should we be having any port of entry concerns?
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desi3933
03-02 10:37 AM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.
____________________
Not a legal advice
US citizen of Indian origin
aruny5
10-26 02:25 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
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axp817
03-28 10:29 PM
PMPforGC,
I am not an accounting professional, but yes, the general rule of thumb is that you have to file state taxes in your state of residence and employment. If you have resided and worked in multiple states over the course of the year, then I would think that you would be required to file in all of those states. Although, there very well might be exemptions if you have worked in a certain state for a very short period of time.
If I were you, I would get my taxes done by a competent accounting professional, it doesn't cost a lot of money, and ensures things get done the right way.
Hope this helps.
I am not an accounting professional, but yes, the general rule of thumb is that you have to file state taxes in your state of residence and employment. If you have resided and worked in multiple states over the course of the year, then I would think that you would be required to file in all of those states. Although, there very well might be exemptions if you have worked in a certain state for a very short period of time.
If I were you, I would get my taxes done by a competent accounting professional, it doesn't cost a lot of money, and ensures things get done the right way.
Hope this helps.
more...
Administrator2
04-29 09:38 AM
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
We disagree with your assertion that all countries will be backlogged. IV has advocated for removal of per-country limits measure for a very long time because we believe that removal of per country limits is essential for fixing the existing backlog and preventing future backlogs
We have publically listed removal of per country limits as our key objective. While we welcome the participation of everyone, if you disagree with us, you are welcome to use other resources available to you.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
We disagree with your assertion that all countries will be backlogged. IV has advocated for removal of per-country limits measure for a very long time because we believe that removal of per country limits is essential for fixing the existing backlog and preventing future backlogs
We have publically listed removal of per country limits as our key objective. While we welcome the participation of everyone, if you disagree with us, you are welcome to use other resources available to you.
jliechty
May 19th, 2005, 05:16 AM
Could you post a similar crop of a problem image?
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
On the other hand, with the changing size of the moon, the camera could be overexposing more than it did in your first example (if that turns out to be the case, I'll explain why, so you can avoid it in the future). :)
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
On the other hand, with the changing size of the moon, the camera could be overexposing more than it did in your first example (if that turns out to be the case, I'll explain why, so you can avoid it in the future). :)
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flex
10-02 02:23 PM
Eilsoe - save some of that inspiration for the game.
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redgreen
03-14 12:14 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
more...
go_guy123
10-02 02:06 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.
Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).
Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.
Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).
Most people dont realize that GC is not the end of story. GC is yet another type of
immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.
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acecupid
05-27 07:20 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
I guess they are trying to nit pick everything !!
Atleast its an easy RFE to respond :cool:
Good luck...
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
I guess they are trying to nit pick everything !!
Atleast its an easy RFE to respond :cool:
Good luck...
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07-16 01:58 PM
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shishya
04-30 11:13 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
more...
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gconmymind
08-18 04:25 PM
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.
If possible, get the H1 visa stamped while in India. She can then enter on H1.
I think there should not be any issues either way...
She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.
If possible, get the H1 visa stamped while in India. She can then enter on H1.
I think there should not be any issues either way...
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rajenk
01-13 12:08 PM
First try to get a copy of your approved EB3 I-140 through FOIA request with USCIS, this could be a time consuming task. If you are lucky you might get this in 30 days. But heard in the forum that it was even lesser than 30 days they got a copy.
Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.
Good luck
Raj:)
Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.
Good luck
Raj:)
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siravi
01-10 10:23 PM
... if I am around at that time. Shall look forward to meeting and catching up!
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sidd_k2002
02-11 05:35 PM
No i dont have any brothers or sisters. I am the alone child of my parents.
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Administrator2
04-29 09:38 AM
There are 26 pages in this document and half page for legal EB immigrants.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
We disagree with your assertion that all countries will be backlogged. IV has advocated for removal of per-country limits measure for a very long time because we believe that removal of per country limits is essential for fixing the existing backlog and preventing future backlogs
We have publically listed removal of per country limits as our key objective. While we welcome the participation of everyone, if you disagree with us, you are welcome to use other resources available to you.
Pros
1.GC for MS in STEM
2.Per country limits removed
Cons
1.No increase in number of EBs
2.Now all counties will be backloged instead of just I and C. ( Misery loves company)
We disagree with your assertion that all countries will be backlogged. IV has advocated for removal of per-country limits measure for a very long time because we believe that removal of per country limits is essential for fixing the existing backlog and preventing future backlogs
We have publically listed removal of per country limits as our key objective. While we welcome the participation of everyone, if you disagree with us, you are welcome to use other resources available to you.
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Life2Live
04-28 04:20 PM
Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
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gc_samba
07-17 04:44 PM
Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
veni001
01-18 11:24 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Chehuan,
Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Chehuan,
Even if you change your job there is no guarantee that your New PERM/I140 won't get audited with new employer! So it all depends on the JOB and the employer. Best bet would be get EB3140 approved and then try to find a EB2 qualified Job and willing employer. Remember not all Jobs qualify for EB2! DOL and USCIS know the minimum job requirements for almost every position they receive PERM/I140 application. The more employer/attorney's try to apply for EB2 the more audits DOL/USCIS will follow.:(
gcspace
08-13 07:58 AM
I don't know the exact time my application reached on July 2nd.
I havn't yet received my receipts nor checks cashed.
Guess we just need to wait and wait..
I havn't yet received my receipts nor checks cashed.
Guess we just need to wait and wait..
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