Thursday, June 23, 2011

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  • bo12b
    11-24 02:00 PM
    Anyone??
    bo12b

    Hello all,

    My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.

    But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
    OR
    Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??

    I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.

    Thanks
    Bo12b




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  • ameryki
    07-20 11:17 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?




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  • h1bdude1
    03-23 02:00 PM
    I also read somwhere that if you are not sure regarding your A#, then you can also leave it blank.
    I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
    will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).

    thanks
    h1bdude1

    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.




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  • GC_ki_daud
    03-13 03:21 PM
    Any body ..Any good suggestion/Advise



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  • The7zen
    01-09 05:18 PM
    I went out of the country for 7 weeks on vacation and just came back on new years eve, Port of entry: Chicago, the IO (real gentleman) needed only the passport and the AP, did the usual verifications and gave the new I-94, max 10mins.
    Note: I also had all the supporting documents which Vin13 mentioned. Thou the IO didnt ask for these documents, its good to have them handy, avoids lots of trouble on both ends.

    Have a safe trip.

    -7zen




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  • haroontabrez
    04-15 10:04 AM
    TO mbawa2574 & FUNTIMES

    Just follow what TomPlate has said.

    I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.

    we had a similar issue,

    what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
    I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.

    Hope this information helps

    Thanks

    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?



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  • manusingh
    12-23 05:28 PM
    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    can you share your exp. about using AP than get H-1b extension and again using of AP. how did it go.

    regards




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  • Jerrome
    02-24 01:33 PM
    Company B can not apply based on EB1, They have to apply only in EB2 or EB3.

    To Join company b you have to use
    L1
    - not possible.
    H1
    - October 2009 possibly if you get your visa
    - Green card not in EB1
    EAD
    - Not assure. Depends on Labor, 140 then 485 filing
    Last option
    - Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.



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  • Raydred
    11-18 02:37 AM
    I voted for Bob.




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  • anilsal
    12-28 09:37 AM
    I think it was the period when the formal retrogression phenomenon started.



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  • sodh
    07-18 05:05 PM
    I can donate for this case if any Lawyer can help him.




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  • bestia
    07-17 02:48 AM
    cover letter doesn't matter. they don't want it, more over you made officer read extra page of stuff... :) creating backlogs :)



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  • fide_champ
    04-09 09:09 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?

    If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
    If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.




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  • GB2India
    08-18 08:56 PM
    Can you apply for AC21 for a normal promotion progression from analyst to manager....the job is same but the manager job has additional managerial responsibilities.



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  • krucie
    03-16 05:03 PM
    saps,

    Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.

    However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?




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  • JunRN
    12-17 06:25 PM
    Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.



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  • iptel
    11-17 04:41 PM
    Guys.. It has to pass through the house still..
    It already passed house. No new Bill is discussed in Lame Duck Sesion.




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  • h1bq
    02-08 05:44 PM
    Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....

    Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:




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  • sam_hoosier
    11-12 03:44 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.




    wandmaker
    10-23 05:46 PM
    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.

    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.




    cinqsit
    09-27 11:55 AM
    Hey

    If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
    printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.

    - cinqsit



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