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  • getgreensoon1
    05-11 02:27 PM
    I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime

    I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending

    We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice

    WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
    If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.





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  • lifestrikes
    05-31 10:17 PM
    Before the Neufled Memo, self H1B sponsorship was possible, but now you will not be able to prove employer-employee relationship.

    If you happen to find a way, let me know.





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  • 485Mbe4001
    06-13 11:58 AM
    My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.

    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.





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  • franklin
    05-31 10:46 AM
    Great news!

    But to answer the question posed - how do we get more of the affected retrogressed people involved. I suspect it will take "casting a wider net" and getting people from different countries.



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  • akkakarla
    09-01 04:45 PM
    Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..





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  • H1B-GC
    11-06 04:24 PM
    Does bad credit history or defaults affect getting a job?
    Any ideas?

    Most companies and Financial sector in particular check the credit History.Dont you worry on a 30 day late payment 2 years back .They wont be so mean i guess. But filing for Bankrupcy or a History of late payments would raise a red Flag.



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  • deardude
    10-12 02:49 PM
    My case got transfered from NSC-CSC-NSC. Got receipts on 09/06/07. No FP notice yet.

    Any one heard about any such cases getting FP notices?





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  • immiguy
    07-18 02:16 PM
    Sorry for being Naive. What is the skill bill?



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  • maverick_joe
    11-16 03:12 PM
    no u cant, u would need to take and infopass appointment, but you could talk to cust care and open an SR first.
    to talk to an IO at the texas service center use the following
    Call 1-800-375-5283
    Press 1
    Press 2
    Press 2
    Press 6
    Press 1
    Now enter your receipt number
    press 1
    press 1 (now listen to the case update info)
    press 3
    press 4
    (now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)

    remember u will have to call in the moring before 11.30 to be able to talk to an IO.





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  • iv_only_hope
    08-15 01:34 PM
    Thanks . what is I-824 again? and where do we file it too?



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  • andy garcia
    02-21 09:22 AM
    I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.

    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.





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  • kriskris
    07-28 04:29 PM
    Roseball and sumkum,

    Thanks for the reply. One more question. What is the validity date of your new AP? Does it start from the date of your current AP expiration date or is it from the date of approval.



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  • gc28262
    07-29 12:25 PM
    Good One !





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  • bp333
    09-25 02:40 PM
    Thanks BMS1.

    Any one in a similar situation. Please share your thoughts..



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  • gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!





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  • boreal
    08-24 06:08 PM
    #2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

    Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
    Please dont do this to all ppl waiting in the line.
    Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...



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  • ameryki
    02-13 06:30 AM
    CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.

    I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.





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  • sailing_through
    02-18 12:12 PM
    My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..





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  • gc_seeker_2001
    02-01 12:31 AM
    Thanks everyone for the feedbacks. My EB2 I40 has not been approved, as it was filed only a month back.

    From your responses it seems like sticking with EB-3 is better right?

    When I checked with my lawyer (current company) they mentioned that, along with EB-2 I40 application, they have put a request to adjudicate the pending AOS based on the earliest priority date (EB2). They are also planning to do the same after, EB2 I-140 gets approved. I didn't expect them to do this along with I-140 filing. Had they waited till I-140 approval, they could have made a better decision to stick with EB3 or put a request to adjudicate AOS based on EB2 depending upon the state of the priority dates at that time :(

    I am planning to check with the lawyer, if they can withdraw the EB2 I-140.





    morchu
    05-04 12:21 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.


    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.





    uslegals
    01-29 11:05 AM
    Congrats.
    After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.


    Thanks for all the good wishes.! Pappu - Kindly PM me details about how i can get more involved in IV's mission.



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