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manfrmind

11-03 05:42 PM

Do you guys think this 2008 election will have any impact on the immigration process?

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Circus123

01-09 02:57 PM

Just to add a comment to my previous reply ---This is the best case scenario looking at the trendz nowadays ...

EB3 June 01

EB2 Dec 2000

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uma001

05-24 09:10 AM

I am also on same boat. My employer is doing initial process for filing labour. I am not sure he knows about this merit based points system. Do you want me to tell him to wait because of this new law in process or continue filing for PERM.My employer is american company.

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saketkapur

02-07 10:53 AM

link??

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manand24

08-03 12:14 PM

Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.

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Redeye

12-12 04:12 PM

I know one of my friend is EB2 PD 1999, stuck in namecheck.

Thanks

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letstalklc

11-24 03:47 PM

I just started using SBI global and I am happy with their services. One question though. I am sending money to my own account. I know we have to declare the accounts more than 10K. Is the interest earned on that money taxable in US ? Another question is , since we are here is that money taxable in India also ? If yes, how do we manage our indian taxes while living here(tax returns etc). Any help would be great.

I have SBI NRI account (You can only transfer USD, not sure about other currencies, but for sure you can't deposit India Rupees), for this account you dont need to pay any tax in India, whatever you transfer from here are alredy taxed, so dont worry, even you dont need to pay the tax on the earned interest from ur NRI account.

Please note that there is one more accout type exist for NRI, this account will allowed to deposit indian rupees, but you have to file taxes for the earned interest/income.

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PD_Dec2002

07-06 11:19 AM

Jayant,

Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

Once again thanks for the advice. Let me rephrase my question:

(a) At this point can I file for PERM processing (five months left on H1)?

(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

At this point, I am loooking for extension of one year. Is there any way I can do this?

Thanks a lot again,
Savitri Bhave

Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

Good luck

Thanks,
Jayant

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gcformeornot

04-08 05:47 PM

1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

Make your own choice, good luck.
are 2 locations based on states where you live.

Dallas and Phoenix.
If you live in:

Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

Mail your application to:

USCIS Phoenix Lockbox

For U.S. Postal Service (USPS) deliveries:



USCIS

PO Box 21281

Phoenix, AZ 85036

For Express mail and courier deliveries:


USCIS

Attn: AOS

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ 85034




Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia




USCIS Dallas Lockbox

For U.S. Postal Service (USPS) Deliveries:



USCIS

PO Box 660867

Dallas, TX 75266



For Express mail and courier deliveries:



USCIS

Attn: AOS

2501 S. State Hwy. 121 Business

Suite 400

Lewisville, TX 75067

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my2cents

06-16 04:27 PM

[QUOTE=das0]Predierock,

Can you please adivse on the following:

My wife is currently on H4.

She has a H1b approved for 3 years to start working on October 1, 2007.

Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

She has a job and the company would like her join asap.

Questions are:

1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain

2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.

We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

Please advise folks

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meher

12-24 10:38 AM

Hi

I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

I have proper timesheets that i had submitted with client to prove my work hours with client.

How do i get my pay stubs and my pay?

Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

Please help

Thanks
MRD

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snhn

04-13 03:53 PM

DWI is driving while intoxicate. Its can mess you up as far as your life is concerned. This in the past has never been a problem. I have sent FBI a criminal background check request. I am assuming thats what DHS is using to say that I have criminal background.

Anways, hopefully that wont show anything. My question is, can I goto Mexico with this type of application.

THanks!

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tabletpc

01-10 01:23 PM

Its a gray area....!!!!!

She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.

From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.

I would suggest you to talk to your attorney.

Good luck

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irock

08-09 02:30 PM

From posts here, it seems they used to give 3 year based on approval date rather than date of filing. But USCIS recent faq says that they will look for date of filing. May be all the IOs don't yet know the latest rule/FAQ.
btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.

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HereIComeGC

03-26 02:07 PM

I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...

But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...

Even NASDAQ could be more predictive than this...

I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!

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psczd4

08-10 01:20 AM

how about applying for a tourist visa for that time period?

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rsdang

07-23 10:44 AM

I am a July filer as well and have a ton of friends in same boat... This is the first I heard of it.

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johnamit

07-27 03:49 PM

So if you run this query: select (current date - 26 days) + 180 days from sysibm.sysdummy1
you will get "12/28/2007"

So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.

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sirinme

07-29 10:29 AM

This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.

Two other issues could be:

2. You need recent salary statements for EAD renewal every year.

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Mahatma

02-19 09:01 AM

Consult a good lawyer.

Is your spouse a US citizen? Do you want to use I-130 based greencard option?

After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

Your priority should be:

1. How to avoid this 180 day situation

2. How to maintain status

-by EAD only
-or by H1 (cap or non-cap)

3. How to attain GC

-By I-130 only or

are there other options

If your spouse is a citizen, usually GC will be done in 1 or 2 years.

You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

Again, a good lawyer will be your best advisor.

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ss1026

07-06 11:43 AM

YOu are correct. If you have an approved I-140, you get
- 1 year extension if PD is current
- 3 years if your PD is not current

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