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  • msp1976
    02-11 07:07 PM
    I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
    However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
    Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
    You can always file for visa extension again...never heard of a I-94 extension as such....I think they might give you a proper I-94 for the whole valid duration...Anyway you can get a new passport booklet in US from consulate fairly quickly...
    When you come back...Please post what happened to you ....





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  • Jimi_Hendrix
    12-16 05:46 PM
    To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.

    In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.





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  • chanduv23
    10-28 04:55 PM
    Happy Diwali. Do not lose hope.

    Shraddha and Saburi wins the game.

    What game and who are these people?





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  • sudhirdd
    07-11 02:48 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?



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  • hpandey
    12-26 01:31 PM
    Both are wrong answers .. no one is an alien .. we are all human beings :D

    Just kidding ..

    But on a serious note I think we fall under non-resident alien.





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  • alterego
    09-11 03:19 AM
    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.



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  • nixstor
    09-17 11:19 AM
    I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.

    No offence intended, no flames expected :)





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  • locomotive36
    11-11 02:32 PM
    ^^ bump ^^



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  • diptam
    02-18 05:36 PM
    Look, the law is that the H1B employer must pay the promised LCA to the employee where he/she is in Project or out of Project or playing or vacationing or training .... As long as the employer doesn't terminate the employment they are supposed to pay the minimum wage.

    If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)

    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.





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  • bigboy007
    04-17 01:52 AM
    bumping...

    Valid question but you remember you port the labor to I140 becoz of same / similar duties . Once ported I think its same as any labor and your duties are based out of initial I140 / Labor. So You might consult a lawyer but you might hear the same



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  • svr_76
    05-21 07:46 PM
    And the other presidential candidates will be from All Indian American Desi Munnettra Kazhagam, the Techie Desam Party, Better Samajwadi Party.





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  • prouddesi
    09-10 05:57 PM
    Dear Members,

    IV recommends that you wear IV T shirts for the Rally.

    Here is a link to buy IV T-Shirts for the rally.
    http://www.cafepress.com/immivoice/

    If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:

    http://www.cafepress.com/immivoice/3465245

    Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
    Hi,

    I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.

    Thanks.



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  • hpandey
    05-08 03:14 PM
    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    I agree with you . Their job is some ways is a lot tougher than us IT folks. If any of us loses their job there are 100's standing behind to take the place but it is quite a task to replace a well known successful experienced model.
    ( And imagine the restrictions on food , regular gym , maintaining figure , lots of travel .. )
    Just my thought ..





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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

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

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.



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  • logiclife
    10-15 02:12 PM
    LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

    I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

    No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

    Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

    Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.

    But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.

    Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

    Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

    It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.





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  • paskal
    10-02 05:03 PM
    C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.

    You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.

    Please help make the SoCal gathering a resounding success!



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  • fromnaija
    08-31 01:22 PM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?


    At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744





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  • shx
    10-17 12:10 PM
    I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.





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  • Macaca
    01-22 06:22 PM
    My company filed my (non-PERM) LC before I joined the company. I was on H1B with another organization. My LC was approved immediately after I joined the company.

    I don't know if there is a point at which the person should join the company that has already started processing his/her GC. I know that you can get GC before joining the company processing your GC; for example, if person is not in the country.

    All,

    Please help with contributions. If you have contributed, please help in contributions from other persons. Thanks.





    pjalan
    04-03 11:35 PM
    I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.





    jay75
    08-04 12:55 PM
    EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject



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