krishnam70
03-05 12:00 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
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EB3June03
06-15 04:55 PM
I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.
Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.
Any ideas for those who got RFE for medical?
Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.
Any ideas for those who got RFE for medical?
gtg506p
03-09 11:25 AM
Great. Can you give more details like:
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
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HawaldarNaik
09-23 07:06 PM
I got a Feather Touch LUD i.e. where u did not get any updates to your case for a long long time (> 360 days)
more...
bp333
10-04 07:10 PM
Hi Folks,
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.
FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.
FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.
gimme_GC2006
06-27 07:32 PM
I dont know how true it is..I found the article at this site
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
As a loyal reader of greatandhra.com shared a blasphemous incident with us through mail and we have written and uploaded that news yesterday. And that is about Lord Ganesh�s picture on beer bottles made by one of the US breweries.
Ref: Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Countless mails have inundated the mail box of greatandhra.com admin with sharing of anguish by hundreds of readers for this blasphemous act of that breweries company. They stated that they have contacted that Lost Coast Brewery with a complaint and also forwarded the response mails from that company. All the forwarded mails have got the same �copy-paste� response from Lost Coast GM/Sales. Here is that:
�Your words, thoughts and beliefs are part of a culture that I personally respect and believe that the owner group of the brewery share with me. Please note that I will act to evaluate this issue and meet directly with the owner group towards mitigating your concerns. You have contacted the correct person for your concerns and they have not fallen upon deaf ears. Best Regards, Harmony and Peace.
Briar Bush
GM/Sales Director
Lost Coast Brewery�
It is good that many are fighting with that company to see the bottles removed from stalls immediately. The follow up on this incident requires continuous force and Hindu community should see that such blasphemy will not repeat again. And also ensure that those beer bottles are not in market with Lord Ganesh or any other divine picture of Hindu religion. Some suggested to make this news reach Sivasena, RSS and VHP as well. And we wish our readers do that as the voice of thousands will be louder than that of one.
Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)
I think this is sick if its real
As a loyal reader of greatandhra.com shared a blasphemous incident with us through mail and we have written and uploaded that news yesterday. And that is about Lord Ganesh�s picture on beer bottles made by one of the US breweries.
Ref: Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)
Countless mails have inundated the mail box of greatandhra.com admin with sharing of anguish by hundreds of readers for this blasphemous act of that breweries company. They stated that they have contacted that Lost Coast Brewery with a complaint and also forwarded the response mails from that company. All the forwarded mails have got the same �copy-paste� response from Lost Coast GM/Sales. Here is that:
�Your words, thoughts and beliefs are part of a culture that I personally respect and believe that the owner group of the brewery share with me. Please note that I will act to evaluate this issue and meet directly with the owner group towards mitigating your concerns. You have contacted the correct person for your concerns and they have not fallen upon deaf ears. Best Regards, Harmony and Peace.
Briar Bush
GM/Sales Director
Lost Coast Brewery�
It is good that many are fighting with that company to see the bottles removed from stalls immediately. The follow up on this incident requires continuous force and Hindu community should see that such blasphemy will not repeat again. And also ensure that those beer bottles are not in market with Lord Ganesh or any other divine picture of Hindu religion. Some suggested to make this news reach Sivasena, RSS and VHP as well. And we wish our readers do that as the voice of thousands will be louder than that of one.
more...
Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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smartboy75
07-17 07:13 PM
Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it
more...
piyu7444
04-03 02:51 AM
I opened a service request last week regarding the pending I 485 case. Today I got the following letter in mail. "We are actively processing your case. However we have to perform additional review on this case. Contact us after 6 months." . When I opened a SR last year I got the same response.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
I was wondering is this a standard SR reply or is the case really under additional review ? I know my name check got cleared long back ( info pass ). I think additional reviews are done by Department of Homeland Security and probably USCIS put the case on hold until DHS clear the case. Since my case is in limbo for over a year, is there any way to speedup the "additional review" process ?? I am thinking of sending all the "additional review" mails I got along with the case details to senators. Please let me know if anybody got any better ideas.
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
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mihird
11-17 03:31 PM
You should check the latest visa bulletin from DOS..so you won't be able to file 140 & 485 concurrently...
more...
desi3933
06-24 07:51 AM
are you sure that the dates can retrogress by july 15???
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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whattodo21
01-06 11:59 AM
Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?
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mrane1
07-18 04:23 PM
Wow!! never heard of such a thing!!
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permfiling
08-09 09:59 PM
If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.
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perm2gc
10-04 06:47 PM
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
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logiclife
06-20 02:13 PM
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
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mzafar125
09-22 01:24 PM
Hello,
I am getting ready to file my I-140. Can someone please tell me what additional documents I will need to file with my I-140 petition. I appreciate your assistance.
I am getting ready to file my I-140. Can someone please tell me what additional documents I will need to file with my I-140 petition. I appreciate your assistance.
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swo
07-05 01:40 PM
My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
It's impossible to know. It depends how many applications were ready for approval by the time October hits.
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bbenhill
10-06 05:39 PM
Hi, I just got the H1 extension receipt, did you gave expired I94 when you travel ?
Thx
Thx
saileshdude
10-07 11:46 PM
Jungalee,
I sent you a PM. Can you reply to that? Thanks a lot
I sent you a PM. Can you reply to that? Thanks a lot
shreekhand
08-06 11:14 PM
Some more data points to that calculation:
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.
Double that and you reach 528 per day at NSC + TSC only.
Not including district office and consular numbers.
Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.
If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)
1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).
Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.
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