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gconmymind

04-24 02:34 PM

This is the first time I have seen so many approvals with such regular frequency. Congrats to everyone who got approved. It is also a good sign for all of us still waiting...

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masti_Gai

11-07 12:45 PM

Mail this letter to your parents...
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US

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LostInGCProcess

09-02 10:57 AM

There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.

You are absolutely correct. But say, I have EAD, want to use it from next month, October. How do you do, even though your H1 is valid till, say, july 2011? That's the question.
Do you inform USCIS? What factor changes the status from H1 to EAD on your, say, new job cause i want to work on EAD rather then H1?

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ssterian01

07-02 12:18 PM

Hi All,

I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)

If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited

2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?

Thanks everyone for any piece of information

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Madhuri

03-19 02:17 PM

Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
or was it showing I140 approved before and now it's showing pending?

No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...

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dealsboy

11-02 10:20 AM

Do we have to worry about expired I 94 if we are using EAD ?

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wandmaker

12-18 11:19 PM

amits: Swamy is correct, all documents that are required for H1B stamping, plus a copy of your 485 receipt notices. Just in case, VO asks you for the proof of AOS, which is very unlikely.

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factoryman

06-18 05:54 PM

Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.

Hi, Guys,

My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?

******requested for 485 filing*************
For your wife:

1. Marriage certificate, w/English translation
2. Birth certificate w/ English translation
3. Biographical information page, and date of issuance/expiration page, from current passport
4. Copy of her current visa
5. Copies of other US visas you have had
6. Current I-94 card
7. Passport entry stamp from last entry into the United States
8. Six (6) passport photos

For you:

1. Birth certificate, w/ English translation
2. Six (6) passport photos
3. Last two (2) paycheck stubs
**********************************************

*medical exam forms also asked separately.

My condition: filing with current employer. I-140 was recently approved.

Thanks alot.

:cool:

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gc_on_demand

05-01 12:05 PM

1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.

Correct .. I am in same situation..

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chantu

08-21 06:17 PM

Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.

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nkavjs

12-18 01:17 AM

Friends Hi:
We are leaving for India in January 2009. I have AP and EAD approved with expired H1B visa stamp on my passport with I-485 pending since July 2007. We have booked flights to Mumbai via Amsterdam (KLM -NWA). Do I still need to get a transit visa, even though our flight will be halting for few may be 3-4 hours at Amsterdam. I am super confused. Please guide.
Thanks
RPH

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amaran18

08-13 04:30 PM

First of all, Congrats !!

You should talk to a lawyer to get this clarified.

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jsb

05-20 07:18 AM

Your mention of 30 miles maximum, I believe, refers to distance to your work place. It is a lot of distance to commute at rush time. Nevertheless, Ferederick County is your best bet, where a small SFH or a good size TH can be found for your price.

BTW, why do you need "Lots of Indians". Don't you want to be part of the main stream if you have decided to live here?

I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.

1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places

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txuser

05-24 12:53 PM

Once you complete the e-filing, the online system will generate a PDF which has the instructions on how/whom to send the documents. You also need to attach a copy of the PDF while sending the docs.

I sent the docs thru USPS, with delivery confirmation.

Yeah, after the e-filing is completed, you will get the receipt number, using which you can track your petition online.

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mayurcreation

01-13 01:37 PM

Thanks Raj for your reply.

- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

- Can I file my 485 with pending answer on I-140 amendment?

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lecter

March 3rd, 2004, 06:07 PM

This is a fine image... Love the grainy B&W look... gives it age...

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MDix

07-30 08:57 AM

Your lawyer (and most of them including some famous on wwww) are DHAKKAN. They have no clue what's going on with VB. They just know how to fill some some form , that also they screw lot of time.

My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(

He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.

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gc140

10-22 07:34 PM

Hello,

Please advice on this.

Application is filed under EB2 category.
In Labor certificate minimum education requirement is Master's

My I-140 is denied because of 3 years Bachelors degree.
I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

Received RFE on 15th June 2009.
We submitted 2 education evaluations on Sept 3rd 2009, which says my Master�s degree is equivalent to US Masters Degree.

Received denial notice on 28th Sept 2009.
After denial, Lawyer is planning to file appeal with federal court.

Does anyone have the same issue?

I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
To proof this CCI is charging a huge amount.

Does anyone have any info about CCI?

Please advice.

Thanks.

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n4nature

02-05 11:59 AM

Hello,

I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

Or is there any other combination, that would help approve labor in EB2?

I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

Thanks in advance for all your insights.

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indyanguy

10-21 06:40 PM

This is interesting. Is there a limit to how much can be written off as pre tax expenses? What is the main criteria for these expenses - does the employee need to work/live 50 miles away from home?

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kondur_007

02-23 07:11 PM

Well, in the middle of negative comments, I have something positive to add here.

I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

In any case, I have following comments/solutions for you:

1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

Above applies to all the dependents as well.

3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

Good Luck.

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