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  • chanduv23
    04-02 04:11 PM
    Actually stay outside the country does not constitute towards bench time. So if you are outside country - you are not in bench. One American Consulting company I used to work for way back in 2001 - used to move benched candidates to Canada (if they need to be benched for long time) and then bring them back when they get a project.

    Please remember that you may be asked to prove you have a project at POE so when you come back have copies of contract to prove it.

    Please verify with an Attorney on my statement above.





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  • vamsi_poondla
    02-04 08:41 PM
    You can convert GC process to Consular Processing. AFAIK, that is the most lgal way of working outside the country in your situation.





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  • mdforgc
    07-23 07:20 PM
    even if you go for counsular processing





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  • gchopes
    11-23 11:43 AM
    Can I apply for H1B stamp on the same H1B approved petition (not yet extended since I still have a year remaining on it) that I had when I returned on AP last year instead of H1B stamp? The reason to apply for H1B stamp this time is because of AP delay. I am hoping this memo says yes. Any thoughts?

    Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.



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  • n2b
    02-05 11:25 AM
    Hello Friends,

    I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.

    The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?





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  • dealsnet
    07-30 11:57 AM
    You want him to work with GC or just want to keep him working. ?
    Eventhough the GC application is denied for EB1, you can process EB2 or keep him O-1 or H1B. For EB1, there will be strict rules by USCIS. If your company didn't meet the criteria for it, forget about it. Do it in EB2.


    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.



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  • alterego
    07-05 12:41 PM
    This is the sort of news we should publicize.
    Here is a clear example of business leaders moving ahead of the politics of this issue. It will have an impact on any sensible person.
    It should get onto as many news wires as possible. Which sensible person can say that those 1000 high paying jobs going to Vancouver/Canada is in the interest of Seattle/USA. Imagine to spin off losses of this, to housing, to retail, to all sorts of areas of the economy where many Americans make their livelihoods.
    This is what people don't understand, push them too far and capitalists will weaken the US economy.





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  • nvanter
    08-15 06:33 AM
    Thanks andy,
    One more question?
    Can i get an extension in US or do have to go to canada for my extesion?



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  • GC_holder_tos
    08-15 04:13 PM
    Hi,
    My parents got their second Re-entry Permit approved (applied through Application I-131) in first week of Jan 2008. This rentry permit is valid for 2 years (i.e. till Jan 2010). They had applied for the second Re-entry Permit on 16th Feb 2007. And after applying it they left 19th Feb 2007.

    They are planning to return to US in Jan 2010 before the Re-entry Permit expiration. I read on this and other forums that with Re-entry Permit a US resident can live outside for more than 1 year and less than 2 years.

    In my parent's case, when they will return back to US in Jan 2010, they will already have spend 3 years outside US.

    I was concerned that the 2 year stay limit will be counted from the day my parents left US or the day when the Re-entry Permit got approved?

    Secondly, Is there any limit on number of times a Re-Entry Permit can be applied?





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  • fatjoe
    10-08 10:44 AM
    How do you know that your case has been transferred from NSC to TSC.



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  • angiusa
    04-03 04:02 PM
    I have worked for Company "A"(Ex-employer) under H1-B(company A holding my H1-b) from 2007-2010. During 2009 & 2010, company A was unable to clear all my payments as the company went through some financial hurdles but they issued W-2 for the amount paid in fiscal year 2009. Now, company A has got money and they decided to clear my back wages for 2009-2010 through 1099 form. I transferred my H1-B visa to Company B(2010) then to Company C(current employer). Now, Company C has started my Green card(GC) process.

    Questions:
    1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
    2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
    3. What are my options to get my back wages from company A?
    4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?


    I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.





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  • valluriraja
    02-12 06:37 PM
    Hi all,

    Any one can please help me, I am leaving at Atlanta, Georgia, I have 5 years old son his passport is going expire next month so I would like to apply. Any could tell me what are the documents required, what form I need to fill, fee, where can I apply for renewal etc......

    Thank you in Advance..

    Thanks,
    Raj



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  • Anil_s
    09-07 11:00 AM
    Hi,

    Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.

    In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
    Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?

    Thank You,
    Anil





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  • waitingfor
    09-12 03:18 PM
    Hi IM Folks,

    Can somebody please let me know do we get any letter from USCIS if your name is under Name check process ??Please confirm

    Thanks



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  • jasmin45
    07-16 07:30 AM
    I also saw a thread in IV forums dedicated to record experience in SJ rally! you may also find lots of ideas in there as well.





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  • pointlesswait
    04-08 01:25 AM
    My second 140 may be approved by this month end.. Neb-Nov. 08-filing... i am hoping i will be able to port my PD..to 12-05

    Now..in case i lose my job... and since i am in my 9th yr-h1..which expires may-2010..

    suppose ..i cant find a job ...and if i have to leave US.....(but my employer agrees not to cancel my 140)
    a.) what should i do to retain my GC process?
    b.) How do i switch to CP processing....

    Thanks in advance..



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  • villamonte6100
    07-14 11:02 PM
    Inorder to apply for your 7th year extension, you should have an approved labor certification.

    I am not sure if you can get an extension without an approved labor and I140.

    You might have a problem.

    Also, if you have an approved I40, you should have applied for an extension months before.

    You really need a lawyer.





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  • rogueDev
    07-05 08:01 PM
    As Silverlight is a browser side technology, you would have no problem serving Silverlight content from our servers as long as you add the proper MIME type settings to the site via .htaccess rules such as:


    AddType application/xaml+xml .xaml
    AddType application/x-silverlight-app .xap
    AddType application/x-ms-xbap .xbap

    HTTP responses have a "content-type" as apart of their header.

    http://en.wikipedia.org/wiki/List_of_HTTP_headers

    Examples are JPG, HTML, EXE.

    It is advised to set the content type appropriately when you serve a file from your webserver by modiftying your htaccess file. To be honest, you can get away without setting this for all the popular browsers from my experience, but it might affect caching or obscure browsers negatively. There could be other implications, but none that I'm aware of.

    Since Silverlight xap archives are a very new type, 90% of servers probably aren't configured to serve this filetype by default, so they're advising you to modify your htaccess file and *** that type.





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  • GCmuddu_H1BVaddu
    05-08 08:02 PM
    Start with Libra. I have seen people talk, talk, talk and talk about immigraton and gone with the wind right next day they get the green card. Start with a member 'libra', he always used to blame eevrybody, not seen since the day he got his GC. Share some other names.





    gc??
    05-04 12:58 PM
    Why does a PERM get audited? There are many threads regarding perm audits and denials.. thanks





    gcseeker2002
    01-03 09:54 AM
    Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
    I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
    What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
    Thanks.



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