Friday, July 1, 2011

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  • Redeye
    01-25 12:47 PM
    What are all the documents needed for travel on AP? I am travelling JFK->Dubai->India. I am guessing there is no transit visa mess involved here since there is no Europe stop.

    Documents are

    1) 3 sets of AP valid till october 2008
    2) EVL
    3) Current pay stubs
    4)H1 approval (valid till 2010, no needed but still have it)

    Do I need w2 and tax returns etc?

    Thanks




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  • chinna2003
    05-15 10:15 AM
    I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
    I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
    EB3 PD is Feb 2005
    I 140 approved filed 02/2006
    I485 07/2007
    RFE for EVL April 2009 submitted




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  • pranju
    07-31 12:44 PM
    Hi ,

    As many of you know that some have filed on their own and not through lawyer , pls update here if any of the self filers have received a RN or check got cashed .

    also what is the alternative if we don't receive RN before 17th august , self filer are you planning to refile ?

    CC = check cashed
    RN = Receipt Notice

    Thanks




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  • grupak
    03-14 05:30 PM
    IV Members from Nebraska,

    I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.

    Yes that's the spirit. Starting off is difficult but you only need a few dedicated members to get the ball rolling, and motivate others. We have members in different parts of NC, and we are able to get a lot of things done on the phone or internet.

    You can start by creating a google or yahoo group, and verify member information (name, contact info and such) as you sign them up.

    All the best.



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  • shana04
    02-23 04:23 PM
    I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
    I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??

    PS: I've already applied for my new passport and expecting it any time.

    Thanks in advance

    Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.

    Good luck




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  • jsb
    11-01 12:16 PM
    Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.

    I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?

    I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.



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  • H1InTrouble
    09-18 03:59 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble




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  • GCchaos
    10-27 09:08 AM
    That's the most surprising part:-).
    Probably they need to validate my H4(my current status in US) based on his
    H1 validity.
    But thank God,my woes r over now,as I got my approval today.
    But the applying for SSN woes r going to begin soon.
    Thanks for ur replies.

    Regards,
    Kiran.



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  • Blog Feeds
    05-12 09:50 AM
    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

    The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

    Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

    The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).

    Let us know if we can help in your I-9, E-verify or Public Access Files compliance.




    More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)




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  • itsokgc
    07-18 01:17 PM
    Hi guys,

    I have the following clarification:

    Earlier, I was working with Employer A and came to US after getting H1-B stamped.
    Subsequently, my spouse has got her H4 visa stamped.

    So, both of our visas are valid till 30th Sept 2007. My wife joined me in December 2005.

    Then I changed my employer in April 2006, where I got my I-129 approved from Employer B.

    In the meantime, my wife/spouse went to India in April 2006 & came back to US using old visa on July 15th 2006.

    At port of Entry she got I-94 valid till 30th Sept 2007 (validity date of the old visa A)

    I never got her I-94/H4 using the new I-129 from Employer B (Current Employer).

    On July 3rd, I submitted my I-485 AOS for both of us.

    I have the following question:
    1. Is her I-94 still valid based on the old visa ?
    2. Will there be any issues for not filing for H4 visa till now, even though I am planning to
    apply right away as her I-94 is getting expired on 30th Sept 2007.
    3. Is she out of Status as I left the old employer more than 180 days ago.
    4. Will she have any issues as far as AOS is concerned.

    Your valuable views will be highly appreciated.



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  • suwsku
    04-05 05:23 PM
    and it's still valid for almost 2 years.

    If, say, I find another employer in a few months, can I use the visa that I have now?

    If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?




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  • sreekanth
    09-18 11:25 AM
    Dear Friends,
    My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
    I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
    Am I missing something here?
    Can any one of you please explain what this letter is about?
    Thanks,
    Sreekanth



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  • vin13
    05-28 12:47 PM
    IVians,

    Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.

    on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...

    Please advise?

    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.




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  • Blog Feeds
    01-28 08:30 AM
    WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
    today that it has received a sufficient number of H-1B petitions to
    reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
    the public that yesterday, Jan. 26, 2011, is the final receipt date
    for new H-1B specialty occupation petitions requesting an employment
    start date in FY2011.

    The final receipt date is the date on which USCIS determines that it
    has received enough cap-subject petitions to reach the limit of
    65,000.� Properly filed cases will be considered received on the date
    that USCIS physically receives the petition; not the date that the
    petition was postmarked.� USCIS will reject cap-subject petitions for
    new H-1B specialty occupation workers seeking an employment start date
    in FY2011 that arrive after Jan. 26, 2011.

    USCIS will apply a computer-generated random selection process to all
    petitions that are subject to the cap and were received on Jan. 26,
    2011. USCIS will use this process to select petitions needed to meet
    the cap.� USCIS will reject all remaining cap-subject petitions not
    randomly selected and will return the accompanying fee.

    On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
    petitions filed on behalf of persons exempt from the cap under the
    ‘advanced degree’ exemption. USCIS will continue to accept and process
    petitions that are otherwise exempt from the cap.� Pursuant to the
    Immigration and Nationality Act, petitions filed on behalf of current
    H-1B workers who have been counted previously against the cap will not
    be counted towards the congressionally-mandated FY2011 H-1B cap.
    Accordingly, USCIS will continue to accept and process petitions filed
    to:

    extend the amount of time a current H-1B worker may remain in the U.S.;
    change the terms of employment for current H-1B workers;
    allow current H-1B workers to change employers; and
    allow current H-1B workers to work concurrently in a second H-1B position.

    U.S. businesses use the H-1B program to employ foreign workers in
    specialty occupations that require theoretical or technical expertise
    in specialized fields such as scientists, engineers, or computer
    programmers.

    For more information on USCIS and its programs, visit�www.uscis.gov.


    More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)



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  • radhakrishn
    07-12 06:01 PM
    I'm an unmarried Indian national and came to the US on H-1B visa. My father petitioned for me in FB F1 category. My priority date is September 1, 1999. I applied for AOS in the US and received my EAD and AP. I recently met a girl doing job on H-1B(Indian national) and we will like to tie the knot in near future. I was wondering if it would have any effect on my AOS processing( I do not have the actual Green card yet). Will my category change to F3 if I marry her now? Any suggestions/ideas are welcome.
    Thanks.




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  • jaya_chh
    09-19 11:35 AM
    Hello All,
    I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.

    From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.

    Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
    As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.

    Has anyone faced such a issue.

    Please share your experiences and views.

    Thanks.



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  • same_old_guy
    10-27 01:49 PM
    The Director of the U.S. Citizenship and Immigration Services (USCIS), Emilio Gonzalez, stated in an interview with the New York Times that he is recommending a significant increase in USCIS fees to cover the cost of processing applications. While the article specifically mentions naturalization applications, it does not clearly limit the recommended increase only to this application. It is possible, therefore, that many applications and petitions processed by the USCIS could be affected by his recommendation.


    http://www.murthy.com/news/n_feepos.html




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  • andhrawala
    01-30 08:53 AM
    Once you are on EAD, you cannot go go back to H1B. The reason is by working on EAD you showed an intent to immigrate and where as H1B is a non-immigrant visa




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  • wandmaker
    05-12 04:04 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.

    I am afraid not, you will have to talk to a tax consultant




    nitrips
    04-26 04:41 PM
    I was in a similar situation, I took my wife's GC with me when I went to India and she travelled back on GC instead of AP, no issues at the Immigration's.




    bank_king2003
    04-23 06:49 PM
    Thanks aruben for your reply.

    the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.

    Regards,



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