Wednesday, June 8, 2011

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  • Ramba
    05-04 02:04 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.

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  • Anders �stberg
    July 18th, 2004, 12:04 PM
    Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.

    Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p

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  • amitga
    02-15 09:30 AM
    If she worked in India in past 3 years for at least 1 year for the same organization. She can get a L1 Visa and then get the GC processed on EB1 category. She will get her GC in 7-8 months.


    Please advise.
    Can a spouse of Green card holder get an H1b visa.
    Spouse is currently studying MBA final sem.
    She has 3 year industry work experience.

    An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.

    The question :
    Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
    What are chances of her obtaining h1b visa ?
    I heard H1B is a dual intent visa.

    Thanks in advance for your time and efforts on this issue.


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  • Anil_s
    07-20 10:19 AM
    Thank You.


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  • casinoroyale
    01-26 12:13 PM
    Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.

    Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?

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  • HumJumboHathuJumbo
    01-08 12:41 PM
    While I-485 is pending, how to change spouse's last name?. For that matter, how to change spouse's last completely in every agency(like ssn, paychecks, credit cards, green card, passport, drivers license). Is this list complete?. which one should i start first?.thanks


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  • harish
    06-04 11:34 AM
    please help

    I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.

    I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.

    For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.

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  • floridasun
    01-27 02:37 PM
    Congratulations - enjoy your FREEDOM ! BTW I have the same priority date - only one trivial difference - EB 3 :eek:

    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.


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  • zoho
    08-27 02:33 AM
    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.

    Have you got the RFE?If so what is the RFE about.

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  • willgetgc2005
    04-25 10:07 AM

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________

    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.


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  • manfrmind
    03-30 01:09 PM
    I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.

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  • roseball
    08-29 10:27 AM
    thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
    I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
    Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.

    Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.

    In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.


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  • sodh
    07-18 06:36 PM
    greencardvow you rock.

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  • .soulty
    04-29 01:34 PM
    Great work guys !! :!: All are really good , but i still like Ironikart the most out of all of them. The way you gave the robot a humours characteristics with eyes and eyebrows won me over, great character building skills :)


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  • Nabeel
    01-29 10:42 AM
    TSC Update - January 2010

    The Texas Service Center (TSC) provided updated information on their caseload and other important matters in a meeting with the American Immigration Lawyers Association (AILA) liaison. The responses to questions, posed to TSC several months earlier, were released in late January 2010

    The TSC reports that most of their pending I-485s have been pre-adjudicated. This means that the I-485 application has been reviewed and is simply awaiting availability of an immigrant visa number. These applications may have received requests for evidence (RFEs) if they required any documents or updated information for the pre-adjudication process

    EAD and AP Processing Time within 60 Days
    TSC reports a goal of adjudicating advance parole (AP) and employment authorization document (EAD) requests within 50 to 55 days. It notes there was a period during which EAD processing was slowed, and 15-20 percent of the cases were not adjudicated in 90 days. TSC states that this has been addressed, and it is expected that processing goals will be met or exceeded.


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  • Canadian_Dream
    06-18 02:31 PM
    That's NOT right. AC-21 Yates Memo states that:
    As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.

    The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.

    Please check old thread on AC-21 discussions and the following link should be useful.

    To invoke, AC21 you should have filed 485 and passed 180 days.

    In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

    Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

    If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.



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  • meridiani.planum
    10-09 09:44 PM

    The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!

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  • srinivas_o
    09-18 05:40 PM
    I have filed on July 2nd itself and still no receipt, no FP notice, nothing. Called USCIS 3 times and they asked me to wait until it's been 3 months after the filing. Then only they will do something it seems.

    BTW, how can I get to 2 Level representative?

    I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.

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  • nomad
    08-02 09:54 PM
    Though my in-laws had an early appointment(945am, Chennai Consulate India) last month, they got their PP next day only. So they had to stay one more day in Chennai.

    July 14th, 2006, 01:44 PM
    I loved the second picture as was said the isolation show its all one flower. I for one am always glad to see everyone's pet subject.

    02-04 03:48 PM
    You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
    I think that will give clear idea if USCIS not finding you I140?

    My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

    I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

    I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.

    its the same co. which filed my I-140 & I-485.

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