Tuesday, June 14, 2011

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  • pbojja
    09-22 10:53 AM
    In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.

    No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .




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  • Munna Bhai
    05-08 10:31 AM
    http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml

    Atleast home countries recognize our potential.




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  • sankap
    07-06 06:31 PM
    I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?




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  • spdy_mn
    06-30 05:22 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....


    Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.



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  • singhsa3
    08-19 10:59 AM
    Agreed and those kind of things should be shunned. There should strict self regulation regarding solicitations
    I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.




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  • $eeGrEeN
    03-31 01:30 PM
    Here are some possible, quick steps that you can take. Get your own report, this might be useful , http://www.intelius.com/background-verification.html .

    Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].

    If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.

    Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....


    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:



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  • LostInGCProcess
    11-10 11:47 AM
    Dear Friends/Experts,
    - I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
    - My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
    - The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:

    I will appreciate your quick response.

    Thanks, :confused::confused:
    Please clarify: First H1 was from Dec 2007 and second H1 is from June 2007??? I hope it was a typo.

    Ans1) You do not need to get get a *NEW* H1B visa stamped at a consulate abroad. At the POE you have to show the latest H1B to the IO who would issue the I94 based on the exp date on the new H1.

    Ans2) Again same answer. You don't need to get a new visa stamped every time you change a company and would travel abroad. You need to get the visa stamped, only if it is expiring within 6 months.

    Enjoy your trip and congratulation on your engagement!!




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  • swashbuckler
    06-17 12:00 AM
    Hi,

    This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

    1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

    2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

    Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

    Regards,
    swashbuckler



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  • GKBest
    09-28 04:59 PM
    That's the reason why they are now changing the receipt date to September even if you filed on July 2nd.

    I think this is just their way of saying......give us another month.




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  • fromnaija
    07-19 11:16 AM
    If you are here on H1 and your dependent is in H4, it's your right to claim all the deductions that you are entitled to. For tax purposes your are a legal resident alien. I have routinely claimed Hope Credits for all my dependents and lifetime learning credits for myself.

    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



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  • optimist578
    04-30 10:43 AM
    You are there for a long wait..mine was filed in dec and still pending.

    My receipt date was 1st Dec and I got approval notice on April 25th.




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  • maddila
    09-16 04:03 PM
    I'm also on the same boat. I cannot go back to company A as they are shutting down the shop.



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  • sankar_203
    04-01 05:51 PM
    hey zcool be cool man..

    i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..




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  • highertruth
    07-30 04:01 PM
    YouTube - AAH - AAJA RE AB MERA DIL PUKARA (http://www.youtube.com/watch?v=eW2J7zLZwLU)

    This is fun. Lets vote the best entry.



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  • vinabath
    03-24 03:22 PM
    LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:


    You know what my beard already started growing.




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  • xbohdpukc
    09-25 02:45 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.



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  • DareYouFireMe
    03-09 03:52 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


    Document URL
    http://www.uscis.gov/files/pressrele...22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification




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  • somegchuh
    10-26 01:11 PM
    I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)

    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.




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  • gsc999
    01-07 03:23 AM
    Many "promotions" offered by many corporations have this "condition" of winner being a "legal resident." I guess, maybe, H1B will come under that. GC is premanent resident. But here Toy R Us got caught between the fine print and being politically correct.




    vwu3
    06-17 11:54 AM
    I am an international student on an F1 student visa. Am I allowed to sell iPhone apps on the Apple app store (the US one)?

    Thanks.




    vin13
    12-02 01:21 PM
    We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
    If you do not get help in one of the offices, try your luck at another USCIS office.



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