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  • msp1976
    04-23 01:32 PM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    The S 9 was introduced in the first day of senate..
    They are gonna fill up the language any time they like...
    One fine day you are gonna wake up and find the bill getting debated...





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  • swethanjit
    08-25 08:37 PM
    Hello Members,

    Can someone please clarify my doubt below:
    If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?

    Thanks in Advance.
    Swetha.





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  • karthik_may
    07-18 04:06 PM
    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





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  • priderock
    05-02 12:46 AM
    Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)

    Very interesting read.



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  • waitin_toolong
    08-13 10:08 AM
    I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.

    You cannot be on H1 and use EAD for second job at the same time.





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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.



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  • Raydred
    11-18 02:37 AM
    I voted for Bob.





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  • byeusa
    07-12 11:42 AM
    Tancredo Announces 'Overdue' Immigration Reform
    http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007


    (CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.

    Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47

    Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.



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  • venky08
    06-24 03:39 PM
    thanks ArkBird, desi3933, cvk90, gc_lover for your replies...i will talk to my lawyer on Monday...and go with his advice...





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  • psk79
    08-24 08:50 PM
    Hi guys,

    I know J Barrett has been a star of this forum for a while.

    I just wanted to check if anyone in a similar situation as mine as received any update on their 485.

    140 approved from TSC in May 2006; LUD on 7/28
    485 received at NSC on July 2, 2007
    485 received and Signed for by J Barrett at 10:25 AM

    Thanks.

    I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am



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  • Ramba
    05-04 02:04 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.





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  • gc123
    04-15 09:58 AM
    we had a similar issue,

    what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
    I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.

    Hope this information helps

    Thanks



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  • Sakthisagar
    05-19 10:40 AM
    No offence here.

    There might be some Education evaluation when You first came to US, use that evaluation here too.

    I have a question regarding this (no offense here, may be my ignorence)

    for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.





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  • rajenk
    09-16 04:48 PM
    USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.

    My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).

    Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....

    Is there any thing that I could do about this?

    Thanks,
    Raj:(

    Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!



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  • hope2007
    04-15 11:37 AM
    SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
    Now I have more than 5 years of US experience, will I fall into this category when I file I-485.





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  • kevinkris
    05-19 06:04 PM
    Hi kumhyd2,

    I am in same boat. What i am thinking is, just work for that employer
    for say 1 year or so and then invoke AC21. Then you should have any issues.

    My 2 cents.

    Thanks,
    kris

    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?



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  • loma
    04-15 10:03 AM
    If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.

    This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.

    Thanks
    Amol





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  • pune_guy
    08-20 06:28 PM
    Yes these are the same databases that I have.





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  • sanjay02
    05-22 06:04 PM
    Hi
    I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.

    The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?


    Thnks
    Sanjay





    arc
    03-05 05:57 PM
    Which are the Sensitive Banks!???





    gc28262
    12-17 08:22 AM
    Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.

    IMO most likely you can get in to the country without an issue. It is worth giving a try.

    Also see this uscis link

    Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)



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