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  • <--JAX-->
    05-04 04:58 AM
    they were all excellent :tie:
    *jax wishes he could do stuff as good as that*
    but in the end cybergolds shinyness won it for me
    :) :) :)





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  • gauravsh
    05-04 06:27 PM
    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.

    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.





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  • ski_dude12
    08-09 01:09 PM
    The top reason would be-

    "We are the USCIS".

    What say?





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  • jungalee43
    02-23 08:35 PM
    Now that IV core has given update on CIR, cheer up and join the conference call. At lease now the response should be better.


    _______________________________

    Contributed $360/- so far
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  • cleopatra
    02-07 03:28 PM
    That is the problem. There is no such thing in the flcdatacenter, but in onet online, there is a
    15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.

    Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.

    The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.

    The attorney is suggesting to refile, something I don't think is going to change the outcome.

    Any suggestions?





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  • beibei2929
    05-15 02:08 PM
    Thank you, sunny!
    Since your current extn application is still pending, your new visa stamp would bear the june30 date, as far as I know. Talk to an attorney.



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  • GCNaseeb
    10-12 04:42 PM
    See signature





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  • cygent
    11-04 08:19 PM
    How to change the title?

    click Edit - then "Go Advanced" button to change the Title. Save.



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  • desi3933
    03-05 12:24 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?





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  • eastindia
    12-21 10:33 AM
    I am all up for it & won't mind doing it all...

    Thank you.
    What is the strategy and action items?

    If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.



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  • ecruiser
    08-23 11:50 PM
    Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:

    BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?

    MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.

    Could you please give me advice on this? I really appreciate that.

    Thanks.





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  • Rb_newsletter
    01-07 04:19 PM
    Try changing thread topic. That would attract people to read your posting.



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  • Ramba
    01-11 07:23 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side

    You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.

    As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.





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  • $eeGrEeN
    08-02 01:28 PM
    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.



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  • northstar1
    07-26 03:08 PM
    For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.

    Thanks


    Do you know if your successor in interest i-140 has been approved





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  • andycool
    12-28 10:10 AM
    Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...

    I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.

    My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and

    (2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?

    PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.

    Any information in the next 12-24 hours would be greatly appreciated.

    Thanks all, Vick
    Bookmark and Share


    Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94



    Thanks



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  • cerers
    08-08 10:47 PM
    FAQ #2 - clarified that forms with “Y” designation means that prior version of the form will not be rejected.

    Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
    A29. No, the “N” designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the “Y” designation which means that prior version of the form will not be rejected.





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  • ksnlp
    05-05 10:00 AM
    If AP is approved. You can travel out of country, Your husband can send it later to you.
    But if AP document somehow missed in mail or never reaceived. Thats the problem.





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  • thokar
    08-18 08:18 PM
    Kris,

    Well, I did not expect that an Immigration attorney was asking for such letter from previous employer. But I think she might want me to aware a dark whole down the line.
    I kept my fingers cross .............

    I have disclosed all the information to attorney as I was paying bill. And I felt it would be good disclose at attorney and Dr (Old Indian saying).

    SK,
    Yes, Labor substitutions had stopped from Aug 2007 onwards. I mean those were allowed till July 2007 and before. Since I substituted before Aug2007 so that has been acepted by USCIS and processed my case.

    Thanks...





    martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.





    iv4gc
    07-28 10:04 PM
    Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.



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