Wednesday, June 15, 2011

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  • gcpool
    08-23 04:01 PM
    Why are they different for different years




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  • pan123
    09-17 03:30 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123




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  • neverbefore
    03-01 10:15 AM
    Yes please explain that better.
    Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
    No offence meant or intended, I suggest a repost of the one by Mark.:)

    I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.

    Thanks and best regards.




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  • imneedy
    02-04 01:33 PM
    There is no need to change to H4. asaik , that is an extra un-necessary step.
    AP should be enough.

    Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.



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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?




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  • chantu
    06-15 10:45 AM
    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?



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  • frostrated
    10-27 12:47 PM
    ...if ppl were sitting back and relaxing after seeing the first report on the USCIS website regarding the 485 numbers. But at least the starter of this thread is an exception to that.If the USCIS dozn't update that doc monthly just like they do with the visa bulletin then something is really fishy and they'd end up fooling us again like they always do.

    BUT THIS TIME WE MUST FIGHT THIS. I really feel that we have a valid reason to.Count me in...I'm not sure how v shud start (class action lawsuit)...IV moderators any ideas/plans to ask for updated reports if the USCIS fails to provide the public with this info???
    USCIS mentioned that they would update the numbers on a quarterly basis, not monthly. And given the end of FY 2009, I am thinking that they will need a little more time to bring the new one out. So I am thinking that they will publish the new numbers either in November or December.




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  • milind70
    02-18 12:16 PM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.

    I am pretty sure the medical exam expenses do qualify for tax deductible.
    As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses



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  • mailmy_gc
    10-15 03:15 PM
    Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .

    We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.

    Hope this helps you.




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  • pitha
    01-31 12:47 PM
    How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.

    I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.

    All the more reason to push for the 485 measure.


    All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.



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  • ilikekilo
    04-13 06:47 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    my 2 cents

    probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...




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  • smuggymba
    10-06 02:33 PM
    u can find mmnay threads on this website for these H1-B audit visits. You should be ok as long as you provided truthful info.



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  • sangeethak31
    07-16 08:49 PM
    Thanks all the reponses.....:)


    Sangeetha K




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  • saravanaraj.sathya
    08-22 03:34 PM
    Yes. I will share the bus ride from Buffalo, NY.

    saravanaraj -
    Would you consider riding a bus?

    http://immigrationvoice.org/forum/showthread.php?t=12567

    Please vote!



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  • noone2day78
    02-15 01:17 PM
    Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."

    what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."

    You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
    It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.

    hth!
    ohh is this really true? can u specify a source for this ?




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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.



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  • alterego
    03-24 07:53 PM
    Well done Mark, I think you presented our case very well.
    There are a lot of stereotypes and misunderstandings of the facts around this issue.
    It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
    Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!




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  • vallabhu
    01-02 11:45 AM
    I am not giving up so easily after waiting for 4 years, esp when I have qualification mentioned in ETA-750 and mine was not a substitution labor either.

    Any other thoughts guys.




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  • rsayed
    04-27 08:08 PM
    there is no strive in senate....what r they goona debate? I don't think they are going to discuss other than circus if at all they do

    Yep, true. But, sounds like there's just too many Bills floating around, this year!




    cagedcactus
    06-11 12:53 PM
    Hmmm....
    If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
    We better move quick and start pulling every string that is in our control, or else it will be too late.




    ebizash
    07-26 09:34 AM
    CitiBank recently launched their Online Remit service. I used it for the first time last week and the exchange rate offered was best of all other services. Their fee is a flat $1 for any amount transferred. I did the same amount transfer at the same time with Citi as well as Remit2India and I got 16 Paise per $ more with Citi.

    Keep in mind, every new business tries to offer best services in the beginning to attract customers and I suspect it will be same with Citi too. So their rates may be great now but could be whole different story in few months. They also disclose in the fine print that the exchange rate offered includes conversion commission.

    If I were to order my preference on a permanent basis I would rank SBI, Citi, Remit2India, ICICI and then Western.

    Citi's website - https://citiremit.payquik.com/



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