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  • bikram_das_in
    06-18 11:50 PM
    could you please explain?


    UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?

    You will get your H1B extended pending appeal on PERM.




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  • saileshdude
    03-25 11:10 PM
    On March 12 2009 I got an query on my I-485.
    Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.

    My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.

    I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.

    On Dec'04 2006 I moved to Detroit, started working with different client.

    RFE goes like this.

    The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.

    There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.

    I am still working with the same employer who filed my labor certification.


    Any gurus who can suggest me on the query would be greatly appreciated.

    As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.




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  • newhandle
    03-05 04:55 PM
    You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?

    I received online payments via Paypal for buying/selling side of my business.
    I have also received 1099's for the webdesign services I provided.

    All in all, my combined income has been <$5K each year.

    I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.




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  • qplearn
    09-30 05:45 PM
    PERM started last year.. there are people who applied labour before that and still waiting.. i personally know two of my friends who applied for labour in april 2001 and still waiting for approval.

    But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.

    BUt thanks for your clarification. I used to think PERM has solved problems for all.



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  • nayekal
    02-17 11:29 AM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.


    Can you please share your experience.

    Thanks....

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

    Good Luck.




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  • meridiani.planum
    03-02 11:48 PM
    Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.

    talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.



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  • javacool2008
    09-17 12:41 PM
    I have the same problem. My application mailed to NE at July 13th. Now I am looking at a receipt on Sep. 7th. Funny I fax a letter to NE on Sep. 6th after the long wait. Then my application was transfered to Texas the very next day and issued a receipt notice on Sep. 7th.
    I am thinking the worker is trying to cover for his or her irresponsibility. Of course I have no prove of such, but the paper work never lies.

    Welcome to the America. DC is the way to go.




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  • pointlesswait
    09-17 10:19 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!

    Hi All,
    I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
    I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
    How about pursuing a full time MBA with EAD ( 485 PENDING)
    I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?



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  • akred
    04-15 11:33 AM
    It's illegal to work without authorization from DHS. Penalty if detected is deportation from the US.

    Better consult a lawyer and not rely on opinion from an open forum in this case.




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  • radhay
    08-21 04:33 PM
    Hi, I am in the exact same situation. USCIS approved my H1B but didn't issue I-94. Along with the H1B approval letter there was explanation why they can't issue me 'H1B status' and also suggesting me to leave country and apply for H1B visa at the consulate using the approved petition.
    I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.

    The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.

    I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.



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  • bsbawa10
    08-14 09:43 PM
    **********EDIT:
    Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
    http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA

    To view the complete data, please visit the link : i.e.

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

    The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.

    Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

    My humble request to all please act responsibly.
    Do not edit somebody elses data.
    Do not add/delete/modify any column.
    Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
    I will sort the data according to PD periodically.

    You can add your own row at the end . Also please please do not sort the data.




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  • saketkapur
    11-06 05:00 PM
    Why not?
    We have nothing to lose....a similar effort was passed last time when Clinton had left office......also the CHC might not whine this time as they will have the senate pretty much behind them next yr to do what they want.....
    Also they might actually want us now out of the line if the illegals are supposed to line up next........

    the job as an USCIS IO seems nice after getting my GC.....:rolleyes:



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  • Rsamuga
    07-24 04:31 PM
    Hi -

    Thank you guys ...I really appreciate your prompt response for this query...

    Answer for Punjabi's question-
    My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.

    Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.

    I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...

    Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.

    With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.

    Once again thanks for your responses.....




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  • sanju
    11-09 01:30 PM
    And is Bush the Hanuman?
    And McCain the Narad Muni?
    And Palin the Surpanakha?

    Who is Akbar?




    .



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  • Leo07
    06-29 03:36 PM
    I used Compare and Buy Travel Insurance - QuoteWright.com (http://www.quoteright.com) recently for Schengen visa purpose. I have not availed the insurance so I'll not be able to tell you how good it is...it served the visa puspose.




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  • TimeSaver
    07-13 06:10 PM
    Seems like it could be new August visa bulletin. With some cutoffs. but applications sent already will not be rejected. They won't be worked upon but wont be rejected.



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  • prasadn
    10-07 07:31 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.




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  • ras
    10-25 09:58 PM
    Situation :

    My 485, 765, 131 applications reached USCIS on Aug 17th.

    Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.

    on Oct 10th got the checks cashed for 485, 765 and 131

    The address was updated in USCIS only yesterday (Oct 24).
    I haven't got the reciepts yet and need to visit India on Nov 4th.

    My questions:

    1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?

    2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?

    3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.

    4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?

    5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.

    Appreciate any suggestions




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  • Roger Binny
    06-06 08:47 AM
    Which service center your case is in ?




    a_yaja
    02-04 05:09 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport

    I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.

    The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.

    I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.

    Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.




    eb3_nepa
    05-02 04:07 PM
    At this rate Aman is soon gonna become a Senator or a Congressman :) ;)



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