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  • Ramba
    05-04 02:04 PM
    :) when you are in India, you are NOT on H1B status.
    So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
    The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.

    So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.

    But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.

    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.

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  • vejella
    06-01 01:39 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(

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  • amitpan007
    06-21 10:15 AM
    I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.

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  • perm2gc
    09-07 09:41 AM
    Dont Advertise on the board and we are not doing call center jobs here to learn american accent.


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  • gc_seeker_2001
    02-04 12:39 AM
    I did a bit more reasearch and found out that, I won't loose the EB3 priority date after the EB2 I-140 approval. I will have both options (EB3 & EB2) open. I will be able to use either of them depending upon what is current at that time.

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  • ski_dude12
    10-08 11:40 PM
    I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.

    I wish everyone gets their GC's sooner than later.


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  • transpass
    08-02 07:46 PM
    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?

    That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...

    Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf


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  • arc
    02-23 11:25 AM

    You will need a Canadian visa and your employer will have to give you a letter to get the same

    I am on a valid EAD do I still need a canadian Visa? What Visa do need - I am only going for a week long training? I saw the LA consulate is taking 1 month for the Visa?

    I have a valid AP to reenter my problem is do I need a Visa stamped of can I just get a Transit visa?


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  • snthampi
    09-21 08:37 PM
    I think that if he is arrested and deported, at least we have one visa number freeing up!

    You are a horrible person.

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  • Jaime
    10-13 01:46 AM

    "Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.

    Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)

    Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in Nativism....by the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?


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  • Legal_In_A_Limbo
    03-07 01:01 PM
    Has anyone self filed G-28?
    I will relaly appreciate if they can guide me.


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  • HopefulNomad
    12-19 02:09 PM
    I just called Sen. Cornyn's office.
    A person actually picks up. He will ask you for your zipcode.

    I told him that I'm in support of his SKIL Bill.
    And he says that he will pass it on to the Senator.

    It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)


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  • seahawks
    10-31 07:36 PM
    We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!

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  • drirshad
    04-21 08:40 AM

    Thursday, April 19, 2007
    Crystal ball gazing

    Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�

    Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.

    In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.

    Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.


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  • sanju
    04-16 12:18 AM
    What is meant by 3 years experience before immigrant petition in SKIL Act.

    Now I have more than 5 years of US experience, will I fall into this category when I file I-485.

    It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.

    Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….

    “When will I get my green card”


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  • shana04
    02-01 10:42 AM
    Friends / Gurus,

    I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.

    I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.

    My situation:

    This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)

    Working for Employer A and he applied for labor, I 140 and he paid for it.
    Then July 2007 came in and applied for 485 with same attorney - I paid for it.

    Now comes AC21,
    changing to employer B using H1B transfer.

    My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)

    Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.

    Your suggestion:
    1. Stack back with old attorney
    2. Stack back with old attorney, unless I get any RFE (hope not)
    3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.

    Please give me your valuable opinion / suggestion. And select your option.

    Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.

    Thanking you in advance.


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  • spgtopper
    02-03 09:41 PM

    I really appreciate your urge and energy for this. We need more and more people like you as volunteers.

    I read section 313. I agree with logic life. You should have the ability to transfer to F4.

    It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.

    If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.

    Meanwhile, see if this helps:

    313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."

    The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)

    So, what is the problem?


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  • mittal_a
    06-26 09:59 AM
    I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?

    By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.

    Any suggestions will be appreciated ?


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  • eb3retro
    05-04 01:55 PM
    Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?

    So basically you are cheating the system? correct me if i am wrong.

    06-14 11:50 AM
    Thank you! raysaikat
    So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?

    There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.

    03-27 12:54 PM
    May be we need to run our salary against the Cost Of Living Index to get the fair picture.


    Unfotunately, there is no way to poll more than one option.

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