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  • bugsbunny
    08-05 02:47 PM
    You can move you H1B visa from Company A to Company B. Talk to your attorney. Because you already have an approved H1 you will not be subject to H1 cap while applying for H1 through Company B.

    I do not think Company A can apply for a H1 extension based on I140 and I485 of comapny B. But ask your attorney as to what your options are





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  • jthomas
    04-17 12:53 AM
    jthomas,

    I hope that they dont revoke my 140.
    I didnt understand the 4th point.

    Thanks for reply


    4. If possible try to be in company's payroll till you complete 180 days after I-140 approval by taking a vacation.





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  • gcmatters77
    06-08 04:18 AM
    Hi guru�s,

    Need some help, I was in US working for a consulting company and a good client for 4 years then due to some family issues I had to return back to India in the beginning of last year �08. I and my wife has visa stamped in passport valid till the end of this year. Now I want to come back to US and I am not sure if I can enter US again with the same visa as I do not have paystub from my employer for last 1.5 years.

    During this 1.5 years I started my own business and tried various options but didn�t work out well so want to return back to US and during this time we had a son who doesn�t have a visa. Does any body know how I can return back to US, are they really strict at port of entry and would not let me in without a project. I don�t have a project right now and will look for it once I am in US. Any input would be very helpful.





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  • Humhongekamyab
    01-15 12:53 PM
    Since when has more money than the prevailing wage been a problem?

    If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.

    As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney

    Cooler, thanks for the response.



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  • MrWaitingGC
    09-28 02:35 PM
    I think he has suggested you for Good. And take a look at the add what they have given for LC. If this says you need MBA then you can go for Eb2 else you cannot.

    I another case a guy had 10yrs experiece but job requirement asked for 1 yr so they have to go for EB3.





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  • lj_rr
    08-15 11:28 PM
    Help, No response....Bump?



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  • lostinbeta
    10-05 01:42 AM
    =) Isn't learning fun!!!!:P





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  • eb3retro
    03-22 03:52 PM
    Hi,
    I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?

    Thanks

    update ur profile.



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  • dollar500
    12-06 05:19 PM
    Thanks sumanitha,

    I was curious if somebody is more sure about this?





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  • chanduv23
    11-09 09:26 PM
    You are asked to assume the position of President of USA and given power to do ONE immigration reform. What will be your reform?

    My attempt:
    Issue Green Card to anyone who have worked legally in USA for five years and abolish Labor, I-140 and I-485 processes. :D

    Please channelize your positive energy for IV. Have you joined a State chapter? Join a State chapter now and talk to your chapter lead and help towards IVs cause :)



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  • roseball
    03-31 11:28 PM
    Hello!

    My H1B got expired in Sep 2010, ( applied for transfer before expiry), got RFE and finally approval last week, but 797 form has the validity from current date(approved date) instead of requested date in Sep 2010. So now is the period from sep 2010 to 797 approved date is considered as out of status or how it is? I have paystubs during this time and on job all the time. Any implications while going for h1b stamping in India and or at port of entry and in future GC.

    Any inputs are apprciated. Thanks!

    If I remember correctly, you are allowed to work for 240 days from the receipt date while your case is pending. If the approval does not come within 240 days, you have to stop working and wait for the approval. You are NOT considered out-of-status as long as your petition was filed before the current H1 expired.





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  • EB3June03
    06-28 12:06 AM
    Folks,

    I want to find out if the remarks section of the I-693 form should be filled in by the civil surgeon for applicant who has LTBI and according to CDC is recommended to go for Evaluation for Treatment for TB.

    From USCIS website:-

    USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1758d5b07655b110VgnVCM1000004718190aRCR D&vgnextchannel=da3eaca797e63110VgnVCM1000004718190a RCRD)
    Q: Both the CDC and USCIS have revised their requirements for medical referrals, as notated on Form I-693. In what instances must the referral section in Part 3 be completed?
    Only complete Part 3, Referral to Health Department or Other Doctor / Facility, if the referral was required, such as when a Class A condition is suspected and needs further evaluation. Do not complete Part 3 if the referral was merely recommended by the CDC. Instead notate the (recommended but not required) referral in the Remarks box under that particular disease or disorder. This will help alleviate the possibility of USCIS rejecting the Form I-693 due to an erroneous assumption that a follow-up evaluation was needed before completion of the form

    I know the Part 3 should NOT be filled by the civil surgeon if the applicant has Class B latent TB. (PPD positive) AND X Rays clear of any Active TB.

    If the remarks section is NOT filled in, would there be any problems? Civil surgeon has marked Part 2 with Skin test positive and the size of the induration. Also, he has marked the X Rays normal but he has NOT filled in the Remarks section. I hope that is OK.



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  • amsgc
    06-17 11:06 AM
    A# will be on yr approved I140 above yr name ,in beneficiary column
    both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside

    That's correct!





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  • arc
    06-13 02:56 PM
    June 30 or June 8???

    I thought it was june 8...



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  • Anshika
    08-21 11:58 PM
    Hi,

    Just Wanted to know if there is any bus ride from TX to DC ?





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  • leo4ever
    03-18 10:10 AM
    It can be corrected. You employer need to change your base pay to 5500 from mar and it will get paid as regular salary. It should not have to be bonus. Don't worry talk to your employer and its a simple and common adjustment.

    Thanks,
    Leo



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  • gprx100
    07-19 06:45 PM
    Is the Labor approval considered same as PERM approval?





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  • emerald2207
    05-17 05:46 PM
    My I-94 was expired on 11/2006 and applied the EAD renewal(Ist EAD lost in Mail) through e-filing and it is approved.

    Service Center: NSC
    EAD Applied through online (E-File)
    Receipt Date: 04/28/2008
    Notice Date: 04/28/2008
    Called USCIS to Expediate the process: 04/29/2008
    Biometrics & I-765 Received through Mail: 05/05/2008
    Fingerprinting complete (Walk-In): 05/07/2008 (Actual Fingerprinting date from the notice: 05/22/2008)
    Fingerprinting Location: Alexandria, VA
    Called USCIS to Expediate the process: 05/08/2008 (No status change until 05/13/2008) [2nd time)
    Called USCIS to Check the status: 05/13/2008 (3rd time)
    Card Production Ordered: 05/13/2008.
    Approval Notice Status change online: 05/16/2008
    EAD Card Received: 05/17/2008.
    Actual Approval notice: Not yet received(May be i will receive it by next week).

    My 1 cents, please call USCIS every 2 days otherwise your case will be in the queue as "Pending and case received".

    Hope this helps...!!!!





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  • kakatheeyudu
    02-09 03:42 PM
    Thanks for the info Kaushik. Is the same rule applies for EB2 with Masters?





    cygent
    12-01 03:48 AM
    Hello All:

    In good faith to your request for help, please do include more details of your case :- EB2 or EB3, country, PD, date I-140 filed, etc. So us IV readers will be in a better position to assess situation and help.

    I got an RFE to send copies of my degrees on nov 15th. my attorney sent the copies and my status changed to Response to request for evidence received and processing is resumed. How many days will it take for I-140 approval after the response to RFE to received by USCIS ?





    meridiani.planum
    03-13 11:53 AM
    My priority date is in Oct 2005 (ROW) and yesterday was the 180th day after filing my I-485 application. I need some help in deciding if I should wait for the green card with my current employer or think of changing the job using AC21. Your suggestions will be really helpful.

    Thanks.

    check the next VB (should be out in a day or two). Based on a thread where someone found the dates from the Mumbai consulate website, EB-3 ROW might move to July 2005. if it does, it might be worthwhile hanging on a couple of more months to this job and see if you become current.
    On the othe rhand if you get a really nice offer, jump. AC-21 only adds a bit of complication to your job, it does not prevent you from getting a GC.



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