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  • maverick_iv
    05-02 11:24 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..





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  • gcwait2007
    02-16 11:26 PM
    Even though it cost you, I would prefer to keep one's own attorney.

    If not, you are repeating the same old story. What if you plan to move from this second employer...

    So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.

    Good luck.

    Can I invoke AC21 by using H1-B transfer?





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  • raysaikat
    07-13 01:27 AM
    Hi

    My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following

    a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn


    The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.


    B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing


    You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).



    C)If she continues on H4 visa, can she still get scholarship?


    If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.

    I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.



    if not once she graduates would she be in special US master degree quota for H1B?

    Any help on these would be great

    Thanks

    Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).





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  • willgetgc2005
    10-31 04:16 PM
    This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.

    In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.









    Hi all

    When I checked my email on Saturday I got 10 emails from USCIS.
    5 of them for my 485, 5 of them for EAD I applied in 2004.

    My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)

    Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
    On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

    I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.


    I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.


    Any one got similar emails......
    __________________
    Thanks



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  • desi3933
    02-23 11:13 AM
    ....
    ....
    - visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
    ....


    Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • mars
    07-15 04:25 PM
    Hi,

    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?

    Also what's the general processing time for H1 Extension.I mean how many days does it take..

    Mars



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  • rsharma
    10-11 09:42 PM
    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?

    Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.

    I was with one of the major consulting companies from my native country.





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  • deecha
    07-16 03:07 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !



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  • cooldudesfo
    12-16 06:51 PM
    Hello Friends,

    I am travelling to INDIA on Jan 28, 2009.

    I am booking Lufthansa Airlines, travelling via Munich to Delhi.

    Visa on passport is expired but I do have approval of H1B till 2010.

    Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.

    Thanks in advance.





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  • jonty_11
    02-05 02:42 PM
    Yedy - I would appreciate that you let a healthy discussion take place on these forums rather than posting wrong information and shunning out people. The community is here to help and there may be many in similar situations. I am talking to a lawyer even before you preached it. This is a forum to get second opinions and real life examples. I am sure no one here (including you) takes the advice from these forums literally and implements it



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  • gouridighade
    04-29 08:49 AM
    Thanks a lot, gc_check. will u suggest to book the tickets?





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  • funny
    08-13 01:19 PM
    Hi Funny,

    When were your respective I140s approved ? Were they with the same or different employer ?

    Same employer, both of them were approved around mid 2007.



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  • MyGCPath
    10-23 01:51 PM
    I have received my Card recently. See my signature for detail information.

    I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?





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  • pd052009
    10-07 11:38 AM
    For Dobbs: Clean your back before pointing fingers...



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  • TomPlate
    12-03 10:01 AM
    I asked an other question which is more related to this and somebody deleted. Please answer these as it is really hard.

    Here is my question,

    1. After 180 days I would like to change job.
    2. My I140 approved in feb 2006.
    3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
    4. Can I quit before Apr 2008 will it have any issues in my Green card process.





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  • gcdreamer05
    11-18 03:48 PM
    Hi All

    I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.

    My Question is will there be any issue as their visa was issued in 2007 but they are visiting now

    Do I need to send any new documents( I have moved onto EAD )

    Looking forward to hear suggestions.

    Absolutely no issues in visit date and visa received date, my parents came here in 2006 but got their visas in 2003, no questions were asked about delay. But at POE they did ask for return tickets photocopy or print out.



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  • PDOCT05
    10-29 12:32 PM
    Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer


    Thanks much for all your suggestions..i will inform lawyer about this.,





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  • pappu
    03-09 11:31 AM
    Congrats and thank you for your contributions. Do visit IV to continue your support and offer answers to members. We want more GC members so that in the coming future we can launch an effort on items that help in citizenship. For example, time for citizenship be counted from the date of I140 approval. There can be others if we have more GC members and we all brainstorm on ideas.





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  • a_yaja
    02-26 11:40 AM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks

    Nozerd,
    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.





    vadik78
    03-24 04:42 PM
    Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration





    Green_Print
    07-09 11:59 PM
    If people decide to contact the hospital (personnel & patients), lets be considerate, appreciative and sympathetic to their sacrifices and contributions.

    We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.

    They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.

    Guys, please post your comments as we need to act on this fast.




    Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.

    We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.

    Please find the web site and contact emails for both the hospitals:

    1. Walter Reed Army Medical Center
    http://www.wramc.amedd.army.mil/
    On the botton right corner, there is a link: Email the Hospital

    2. Bethesda Naval Hospital.
    http://www.bethesda.med.navy.mil/
    Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2



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