Wednesday, June 29, 2011

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  • Green.Tech
    03-11 05:52 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html

    Good morning, Mr. Bawa :)

    People have talked about it and forgotten already:

    http://immigrationvoice.org/forum/showthread.php?t=24227

    ...and are already talking about May bulletin now:

    http://immigrationvoice.org/forum/showthread.php?t=24275





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  • laststraw
    04-15 12:26 PM
    Here is my estimate on the timeframe:

    Prepare job description etc. - 1 to 2 months (depends on company and attorney)
    Prevailing Wages - 2 months (this is based on the current centralized processing)
    Recruitment Process - 2 to 3 months (depends on company and attorney)
    PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
    I140 - 4 months (you can reduce it if you can file premium processing)
    I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more

    I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.





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  • tnite
    10-24 03:51 PM
    Please reply

    I did get a LUD on Oct 11th but nothing as of yet.check my signature for more details.

    Wait..Wait and wait..





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  • vjkypally
    07-20 02:34 PM
    well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?



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  • martinvisalaw
    06-15 11:54 AM
    The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.

    Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.





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  • jaggubhai
    08-12 10:35 PM
    1. Did you also enter on H1b and then switched using EAD?

    ---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.

    2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?

    ---Yes. I have I-485 Pending on Current Status



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  • img86
    10-08 02:54 PM
    But I dont have H1 status. Currently I am in L1, however I have H1 approved petition which was filled by a consulting company.

    So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.





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  • Cheran
    07-01 10:44 AM
    My labor and 140 are approved under EB3 with priority date May 2003. Since Green Card is for future employment can I port my date to EB2 with another company and
    a. Not tell my current employer and continue with my job
    b. Not work for my future employer



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  • srn04
    01-19 12:04 PM
    Thank you very much.





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  • vegasbaby
    04-23 04:38 AM
    Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?



    Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.

    To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
    There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
    In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.



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  • jliechty
    November 16th, 2004, 11:27 AM
    Very interesting subjects... Each one has many neat things, and a few small annoyances, that make it very hard for me to pick a favorite. They're all good, though. :)





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  • gctoolong
    12-06 08:12 AM
    I am starting a new thread for guys from india with pd 2006 eb3...please do share your updates and thoughts......

    pd feb 2006 eb3 india
    i-140 nov 2006
    i-140 approval june 2007
    i-485 filed august 13th 2007
    rd october 9 2007
    ead approval oct 15th
    ap approval oct 17th
    finger printing code3 nov 21st
    name check,security clearance and background checks completed october



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  • crazyghoda
    06-16 04:17 PM
    I believe you would have to legally adopt her son and become his father. That may or may not be possible if his real father objects. The other option is for her to get her own independent H1/L1 visa and then have her son as her dependent.





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  • suavesandeep
    12-12 10:12 AM
    My wife renewed her license showing 485 receipt as the evidence. I think the PA DMV Manual says that if your AOS application is in progress , You can renew your license for 1 year. We did not need to show the EAD.

    Check Section for parolees http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf



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  • solaris27
    12-05 11:45 AM
    Q1. should i file under "Spouse of U.S. citizen/resident alien" or "Dependent/spouse of a nonresident alien holding a U.S. visa".

    Dependent/spouse of a nonresident alien holding a U.S. visa


    Q2. what are the documents I need to submit with the W-7 form.
    IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:

    National identification card (must show photo, name, current address, date of birth, and expiration date)
    U.S. driver's license
    Civil birth certificate
    Foreign driver's license
    U.S. state identification card
    Foreign voter's registration card
    U.S. military identification card
    Foreign military identification card
    Visa
    U.S. Citizenship and Immigration Services (USCIS) photo identification
    Medical records (dependents - under 14 years old only)
    School records (dependents and/or students - under 18 years old - only)


    Q3. is ITIN application only possible during tax return filing or I can apply and get the ITIN number early and then use it during my tax filing.


    No you need to send your federal return with W7 to below address and after processing ITIN they will fwd your federal return

    Internal Revenue Service
    Austin Service Center
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342


    Q4. How much is the fee for the ITIN no.

    FREE





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  • Ann Ruben
    02-01 09:25 PM
    As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.

    Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)



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  • Scythe
    04-20 01:37 PM
    You're welcome!





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  • immilaw
    09-14 12:10 PM
    Hi,

    My wife is on H4 and willing to apply for H1-B. Her educational qualifications

    1.)High school education(12 yrs)
    2.)BCA(Bachelor of Computer Applications)- 3 yrs
    3.)2.5 yrs of IT experience
    4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).

    Is she eligible to apply for H1-B for next year 2007

    Thanks,
    Kumar

    It looks like she is. She has three years BCA and is short of 1 year but you said she has completed one year of MSc so using that one year plus three years BCA, she will be eligible. Make sure she has one full years of MSc trancripts. If she has deffered taking exams or something like this and has not completed the required credits then she might not be. I will suggest you to fax her transcripts to an evaluator and get an evaluation. It should cost $80-100 only but you will be able to sleep at night.





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  • sumanitha
    04-05 09:55 PM
    I read this article in Morningstar and felt bad!

    More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)

    The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.

    According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.

    An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.

    and the story continues................... :mad:





    ho_gaya_kaya_?
    11-19 11:26 AM
    I got my receipts last weekend

    It was some what similar story for me.
    I my case my wife's app and mine got separated-
    Mine got rejected on grounds of incorrect fees (there was a single check)
    my wifes app turned up after a month or so
    we refiled and got the receipts

    I am now trying to find out what to expect for EAD and AP
    I wonder if special handling cases get a better turnaround

    Keep me posted with what happens with you- and maybe we can start to geta n ide as to what to expect next





    laststraw
    04-15 12:26 PM
    Here is my estimate on the timeframe:

    Prepare job description etc. - 1 to 2 months (depends on company and attorney)
    Prevailing Wages - 2 months (this is based on the current centralized processing)
    Recruitment Process - 2 to 3 months (depends on company and attorney)
    PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
    I140 - 4 months (you can reduce it if you can file premium processing)
    I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more

    I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.



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