Saturday, June 25, 2011

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  • coolvigo
    07-11 03:43 PM
    I just post a msg saying we can file 485 if 140 is pending. But after reading some other posts, I realize that we can file it only if PD from the labor we are using is current. If we want to use PD from an old employers application, we need to have date ported on new i140 application before 485 can be applied.

    Is that true? In that case, 140 from my new employer is not approved yet.....so i cud not be able to apply for 485 here :-(

    My old PD Aug2005
    New is from 2007 sometime,.





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  • overhere
    07-18 07:03 AM
    schedule a isn't available anymore since feb 2007.





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  • Pankaj
    11-14 06:55 AM
    where we should file a complain to DOL(state ot federal). Every state also has separate DOL e.g. VA has DOLI( department of labor and industry) but federal also has DOL(department of labor) where we should file such complain?





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  • prabasiodia
    08-01 11:13 AM
    All they need to do is add "text message" functionality and a new Cascaded Style Sheet.
    I sincerely hope that's not the case though. :rolleyes:

    If you look at the new features list:
    A customer-centric home page that provides applicants with a “one-stop shop” of immigration services information.


    Simplified navigation and improved search capability.


    Enhanced customer service tools including expanded Case Status Online with both email and text functionality.


    Information that is written clearly and meets the needs of our customers.


    It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!



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  • chanduv23
    05-30 11:12 AM
    They will change the text on house bill appropriately if they decide on points system and get support.





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  • nivasch
    11-28 09:24 AM
    Arnet,
    Yes, though u not use in Port of Entry, still u can use for Work
    That is what i am doing and as i told you, i got 3 year H1 Extension also


    hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.



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  • SeanDell
    05-29 05:26 PM
    Thanks for your reply Morchu. I want to have some further clarification here:

    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?

    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
    How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?


    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.





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  • Steve Mitchell
    March 20th, 2004, 02:40 PM
    Had to crop this one a bit...here's the reaction after hitting the game winning shot shot with 1.7 seconds left to give the Kings the victory.



    http://www.dphoto.us/forumphotos/data/543/1victory.jpg



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  • isthereawayout
    02-22 11:46 AM
    Its not exactly the same position. As you can see the requirements are slightly different.





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  • buptlsp
    09-18 05:01 PM
    got receipt today . 07/02 10:25am the famous J.Barrett .
    Guys, keep up, you will be fine and get it soon.

    In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.



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  • Aah_GC
    06-01 01:37 AM
    As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

    The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

    Use your AC21 privelege wisely.

    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this





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  • phillyag
    07-17 07:24 PM
    I heard something to this effect. Is this correct ?



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  • smisachu
    12-19 10:26 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.


    Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html

    Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

    After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.





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  • arunbabuk
    03-17 05:32 PM
    Just contributed $100.00. Will contribute more in Future...!



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  • anurakt
    12-27 09:31 AM
    Hi Everyone,

    Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :

    Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.

    Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.

    Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.

    Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.

    The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.

    I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.

    I would also request other members who attended this meeting to please write there post meeting views.

    Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early :) :) )





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  • insbaby
    08-24 02:13 PM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.

    CBP & INS officers are much trainined in strategies to ask specific questions to individuals.

    Most people from India do not want to purposefully lie, afraid of maintaining with a series of lies.

    CBP & INS knew that students work somewhere. Our friend was a student then and it is not a surprise that he was trapped with some specific questions.



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  • dealsnet
    10-07 03:14 PM
    Your earlier post sound she filed for you.
    Once you file I-485 for her, her age will be frozen.
    But GC is for unmarried children.
    If she is married before GC and USCIS knows about it, they can deny her petition.
    If she marry a H1B guy, she can take H4 visa.
    Consult a lawyer to find how to keep her in 'STATUS'.

    When she was 19, I applied for her on behalf of me.
    She was my dependent.





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  • jnraajan
    07-27 11:29 PM
    Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.





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  • dba9ioracle
    08-04 10:26 AM
    done





    das0
    06-22 10:04 AM
    Thanks.

    In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.

    I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?





    somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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