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  • smartboy75
    11-06 05:57 PM
    Who issued the checks ?? Was it you or your employer ?





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  • rhlsur
    08-18 11:41 PM
    ****** FURTHER UPDATE ON THIS - VERY BIZARRE ******

    With regards to my original post below my lawyer got back to me today with something bizarre -
    She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?

    Thanks.


    ***** ORIGINAL POST ******
    Hi,

    My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

    While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

    1. Have any of you been in this situation and had your case reopened and if so, how?

    2. Can I change my attorney in this situation and have him/her try to get the case reopened?

    Any advice would be much appreciated.

    Thanks.





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  • webm
    10-01 12:04 PM
    burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?

    In this case is it not their duty to send FP notice and reason for not approval delay?? Its really a crazy situation esp during one's PD current and visa's available before its U or retrogresses...:( Damn CIS..





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  • gchope2k6
    04-27 01:54 PM
    Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).



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  • Life2Live
    04-30 01:12 PM
    perhaps this will help.

    http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm

    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.





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  • Gravitation
    06-15 12:41 PM
    I have edited the poll to add that option. Literally.

    Thanks Logiclife!



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  • jsb
    05-27 01:02 PM
    this is final stage of processing, get ready for GC stamp on passport.
    Good luck.

    I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!





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  • GC08
    04-08 09:56 AM
    If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
    So your GC process shouldn't be a factor.. you got great offer.. leave..!

    Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(

    This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:



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  • talash
    10-16 08:30 PM
    I had also gone to local centre with info pass to buy some more time to reply MTR coz i didnt have enough evidence to prove A2P .they told me file within 30 days with what ever i have as tell them that u got notice on 28th day n buy more time .But advice was to file within 30 days .





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  • sidbee
    10-26 04:25 PM
    I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.


    What you think , doesn't matter.
    Cant fly through FRANCE/UK for sure, without a valid US visa stamped.

    People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.

    Emirates/Direct AI/Continental should be OK from East Coast.



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  • number30
    10-31 04:06 PM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.


    Yes I thought the same.
    I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
    That year he was laid off and had very little income So he took the money.

    Hope he will not have any trouble.





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  • stldude
    07-26 02:16 PM
    Sarika
    Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
    I got my receipt numbers for I 485,I131 and I 765.
    i got them by calling USCIS yesterday.
    Mailed on:June 28th
    Received date:June 29th at NSC
    Notice date:July 23rd.



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  • eb3_nepa
    08-13 09:39 PM
    Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.

    Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing

    You are not a concurrent filer.

    Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.





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  • samcam
    05-19 02:28 PM
    Welcome to our newest member, bhatia_sanjay

    3880 members...



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  • Ramba
    08-07 03:44 PM
    I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

    What are my options?

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?

    I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

    Any other suggestions. If there are tax implications, I would appreciate some feedback.

    Thanks for the service.

    It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.





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  • mallikonnet
    09-20 09:29 AM
    I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".

    Is there any way that i can get my H1 extended

    Hi what kind of lawyer he is to say it is ok work after H1B expires with no EAD in hand. Technically you cannot work until you receive your EAD.

    Ask your employer to see if he will do an extension if you pay for the expenses.

    good luck



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  • vivache
    10-04 05:42 PM
    Hi Thomas
    That sounds perfect.
    To clarify.
    1. When did you go for the stamping?
    2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."

    Thanks
    Vivek

    I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.





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  • diptam
    06-24 06:17 PM
    I mean from AUG 1st the CURRENT status may vanish... who knows ?

    NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....

    may be this will help you

    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.

    485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.

    How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?





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  • kumar1
    03-18 11:49 AM
    I am EB3-India with PD July-2005. On 3/10/2009 USCIS issued an RFE. It is about job verification/continuation. USCIS wants my employer to verify that future job is still available.
    My paralegal said and I quote, USCIS is issuing this kind of RFE on almost every case. Present economic situation might be the main reason behind it.





    mps
    08-03 10:39 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)

    H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.

    What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,

    either your PERM may be pending for more than a year before your H1B expires,

    OR

    you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)



    - I have done it myself in H1 7th year with pending LC so my situation was worse than your

    Rule of thumb is GC for future employement so it does not matter which employer has pending application.





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