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  • nozerd
    09-06 01:42 PM
    Can H1 visa stamp be used for travel convenience ?

    I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.

    I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?

    Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?





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  • 21stIcon
    12-21 06:33 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.





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  • MYGC2008
    04-13 10:06 AM
    Now a days RFE is very common. I got RFE on sept 2008 even though I am EB2 2006.


    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....





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  • gconmymind
    03-25 01:26 PM
    I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
    I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...

    H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????



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  • gveerab
    01-18 03:47 AM
    See you there on sunday.


    This is an wonderful opportunity to help your self.

    Please participate and show your support.





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  • indianabacklog
    10-24 06:16 PM
    I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.

    This is at US31 and 146th Street north of Indianapolis.

    I propose 11am.

    Even if there are only half a dozen of us surely we can achieve more than as individuals.



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  • sbdol
    07-29 02:07 AM
    My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

    You would agree that the majority of the July gold rush comes from two sources:

    1. Those who waited till their PD becomes current.
    2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
    The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.

    The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.





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  • mrsr
    02-20 11:13 AM
    InterFiling Help please gurus...



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  • HRPRO
    03-07 11:16 AM
    You will retain your PD.

    If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.





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  • looivy
    08-14 12:02 PM
    My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

    Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

    Gurus, please advice

    (BTW I have an approved I-140.)



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  • reddymjm
    03-09 03:04 PM
    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    should be:

    Priority date is defined in two ways -

    a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    or

    b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.


    You are right





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  • rayen
    05-19 05:01 PM
    Hi,

    1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"

    2. We have to provide the following in this field
    485 receipt number - xxxxxxx
    140 receipt number - xxxxxxx (This is optional)

    I would put the first line with the 485 receipt number

    Lalith,

    Thanks for the promt update.

    Thanks again.



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  • Dhundhun
    11-21 04:12 PM
    #1. Usually duration, designation and salary to be provided by company.

    #2. The role or work related description can be provided by co-worker.

    If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).





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  • appusheth
    03-19 01:50 AM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.



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  • GCwaitforever
    03-07 04:28 PM
    I saw something like April 30th of this year. Please post your comments opposing this fee increase.





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  • gccovet
    07-16 08:39 AM
    Hi,

    Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?

    I haven't heard of any employer "notifying" USCIS about an employee's EAD status!

    Thanks!

    Only I-9 is required.

    gccovet



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  • prem_goel
    11-22 10:11 PM
    Hi, is anyone planning for H1b stamping at Tijuana mexico on 30th November. If so, please contact and we shall plan together. I am in LA area. Thanks!





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  • harivenkat
    05-11 01:11 PM
    talking about backlogs





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  • hiralal
    06-22 06:40 AM
    hi,
    from what I have heard TB can be deadly. (btw I am not a doctor). I don't know what your post means but if it seems that you do have some form (or mild TB or whatever) ..then do take advantage of the treatments that are available ..health is wealth (esp go for treatment if you have insurance etc)





    Rockford
    08-31 10:20 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?

    If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:


    The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
    �MurthyDotCom
    The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.





    sbabunle
    09-05 03:44 PM
    The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.


    Well if the Republicans want those hispanic votes why dont they
    pass the CIR right away? Why they have to wait until the mid term?



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