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  • hiralal
    01-05 05:21 AM
    when situation is urgent - JUST GO !!!! - remember life is short and there is life beyond US too ..also --consult a lawyer ..don't rely on free advice ..most likely you should be o.k. but many out here are on EAD's and H1 rules keep changing.
    my feeling is if you still have valid job (even though you had some unpaid) ..you should be o.k. . but lately there have been horror stories of harrasment ...so in the end prepare for worst and hope for best





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  • maniyarasan.selvaraj@gmai
    08-04 08:50 PM
    Hi,

    I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.

    Thanks in Advance.

    - Mani





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  • seahawks
    04-04 09:12 AM
    I do not know the phase between I-140 and 485. I can tell you my company changed its name between labor and I-140 phase and my attorney asked for a copy of a document that my company filed with the state authorities on the name change and then used the term new name (formerly known as old name) while filing I-140 wherever the company name was referenced. Well, just filed my I-140 today, but thats all the information I know.





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  • Sai gc
    08-07 10:47 PM
    Hi ,
    I received NOID on my i 485 (to be precise here is what it states)
    1)" 140 filled on behalf of you has been revoked by my previous employer ,also mentioned as it is after 180 days of filling my 485 ,but my application still valid with in the meaning of section 204 of the act.
    but they asked for employment verification letter from my recent employer with duties,educational qualification and offered wage of salary as it is .
    2) Inmatter of semerjian ,it was held that an immigrant alien with in the purview of section 212 (a)(14) must establish a bona fied intent to work in USA,immediately or in fore seeable future,in his or her qualifying endeavour or in a related field.
    3) It was further held in matter of tanaham ,18 I & N dec.339(reg.comm.1981)under section 245 of act who meets the objective pre requisites is merely eligible to apply for adjustment of status. when an alien seeks the favourable exercise of discretion by this service ,it is incumbent up on alien to establish that he or she merits adjustment

    what does number 2 and 3 mean? what should be provided in evidence to that?Please advice.

    The date on the notice is june 23 rd ,but i received my mail 2 weeks back to the adress where i work.(say july 24 th)
    Iam away from that adress since 2 weeks

    Responded to my RFE with EVL (emploment verification)way back in august 2008 through attorney .so considering the date on notice that is june 23 rd. 33 days time has passed.but when i consider the date i received i still have time,which date should i consider,iam confused....,is it OK if i send my reply next week.Now iam worried,as just now i came to know about my letter from uscis(no online update though). what to do now,iam worried ,please advice.

    --------------------------------------------------------------------------------



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  • ubetman
    06-10 09:39 AM
    I posted the same kind of question in murthy forum and I got a reply that education requirement is not needed once I140 is approved which determines EB2/EB3. So I guess we can port to any job which is similar/same. Don't take my word and do your own research for exact info.





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    12-14 03:47 PM
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  • amdn123
    07-07 02:44 PM
    Is it permitted to enter the US on a tourist visa and while you are here, can you start working since H1B approval has been received? The reason I ask is that my some time is needed to set up an apartment, get SSN etc. and it would be easier to come a little early while H1B is being processed. Can you get the H1B stamped in the passport later in Canada? Thanks in advance!





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  • ubetman
    05-26 03:30 PM
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  • mangokun
    04-09 01:35 PM
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  • viksi82
    11-09 09:37 PM
    For B-2 visa for my parents do i need to send the I-134 or is this a thing of the past?

    Also, these are the documents that i have. Do i need to send anything else?
    copy of my passport
    copy of visa/petition/i-94
    copy of renewed petition /i-94
    Pay slips for the past few months
    Employment letter/Deputation letter
    Copy of W2





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  • sbmallik
    04-05 11:42 AM
    I don't know of any way to detect I-140 revocation. Contacting the employer's legal department is the only solution ...



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  • Marphad
    01-14 01:56 PM
    Hi All,

    Need some comments on my situation. My lawyer filed for my I-140, I-485, AP, and EAD on November 20th on EB2 Row Category. I just emails yesterday stating that my EAD card is sent to production, but they have asked for initial evidence on 485. Is it possible to review 485 without looking at the 140? I am not sure what that query is, but really hoping that it is not something serious. I've already waited for 16 months for my Labor to get approved. Please share your experiences, suggestions etc. regarding this.

    yes, 485 processing and 140 processing is different. They are joined thread, So they will not approve 485 until your 140 is approved.





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  • gc_on_demand
    05-18 03:53 PM
    Hi,
    I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!

    Thanks.

    If you didnot receive pay for 1 year means you were illegal in USA. This site is for highly skilled Legal immigrants. you can file a complaint against ur empoyer for not paying wage once you are on L2. If you win case against ur employer keep record with u and go for l2 stamping .. you should not have any issue.

    Note : I am not an attorney. This is my view and can be differ from other.



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  • kak1978
    02-08 03:27 PM
    I am planning to own a franchise on EAD along with my friend who is on H-1b. Please let me know if I can do it or not.

    We are planning to register a LLC and run the franchise on the company. Let me know if I have to take any precautions before buying the franchise..

    Also let me know if my friend can be my partner on H1.b..

    You can own and work for your LLC. Your H1b friend can be a partner, but he cannot work for the LLC, he can have his share of profits though. You need to confirm this with a lawyer before you register your LLC.





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  • Jimi_Hendrix
    01-01 04:35 PM
    As I understand a new bill has to be introduced in Senate and in House of Representatives. Both these bills will have to be passed and then reconciled for differences.

    Is it true that all CIR legislation that was introduced in Senate last year is now dead and that a new bill will have to be introduced in Senate as well?



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  • polk881
    01-26 10:58 AM
    Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.

    How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?

    Thanks in advance.





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  • g.chandan
    10-07 06:58 AM
    Hi All
    I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.

    Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam

    back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156

    Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
    I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get

    the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your

    help.





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  • FinalGC
    08-09 09:38 AM
    I would suggest just show the salary and what you have in the bank in USA. That would be good enough. If you see the question....it asks for how much money you have in the US banks and not in outside banks. So you do not need to put that in this form.

    Dont worry 55k + 3K is more than enough for the Affidavit of support. The amount proves that you can support your family.....





    sk.aggarwal
    04-10 02:44 PM
    I work for a TARP employer and my H1 extension is due on April 30th. I was able to get all the required approvals for the extension last month but immigration firm is not able to file H1 petition as drafted.

    They are saying that my orignal H1 was for one legal entity (CORP) and I was working/getting paid by another(BANK NA) (I verified this from orignal H1 petition and W2s). HR and immigration firm are silent on how/why this happened. Now the issue if they do my extension under BANK NA TARP rules will be applied as entities are changing. They are not comfortable doing it for CORP becuase I am not working for it. Just spoke with HR and they are saying that they are looking at the options and what to do next. Not a definate answer will they file and if so under which legal entity?

    Can any of the gurus please suggest me what do to? Should I start looking for another job with a consulting company and will even a H1 transfer be possible due to this mess. I am just soo tensed, we are expecting a baby anytime next week and hate this mess.





    spicy_guy
    10-13 01:27 PM
    With EAD, yes.



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