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  • pamhilts
    07-07 01:52 AM
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  • survu
    03-14 10:52 AM
    I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
    In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
    Your advices are appreciated

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  • gc_chahiye
    07-10 09:25 PM
    october 02 EB3. You could be current this october itself!!

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  • foobar2001
    02-10 09:26 AM
    My friend is an F1 student (citizen of India) who has been in the US for 3 years as a grad student. She has paid US taxes on stipend/fellowship (1042S) received from US university while pursuing grad studies (filing taxes as a non resident in US, since the first 5 years on F1 are not counted towards substantial presence test).

    Does she need to also pay taxes on this stipend in india, or report this income in india? AFAIK, no taxes need to be paid in India on this US stipend, but I couldnt find any authoritative reference online.

    Am asking, since someone I know recently got a letter from IT dept in india saying that the US authorities reported $10K of income when that person was a student (this was a fellowship from the university on which US taxes have been paid) - and the letter goes on to ask the person to meet someone at the indian IT department. Anyone here experienced something similar before?



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  • Alfio
    06-28 09:57 AM
    Thank you. The lawyer is in Missouri. I will try to ask the documentation back.

    In the US, attorney ethics rules vary somewhat from state to state. In most states, you are clearly entitled to all substantive materials contained in your case file. Unless the retainer/fee agreement clearly obligates you to pay for copying costs in this circumstance, the law firm should give you the documents you want without charge.

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  • aj_jadeja
    11-14 12:15 AM

    Please chk this URL its about lame duck session . I know its dated Nov 9th but still.

    it says this.

    November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.

    I m confused with above details.



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  • kumar1
    10-09 09:05 AM
    Unfortunately, You can not port PD in this case. Isn't it a mess!

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  • gparr
    October 17th, 2005, 09:43 PM
    It took me two hours of failed attempts to arrive at this composition (No laughing allowed, Queen). Critiques appreciated, but be gentle. I'm an absolute Photoshop novice.


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  • senk1s
    05-14 12:20 AM
    2 cent questions ...

    Is NSC processing EB3s regularly?

    TSC is not processing EB2s as well ... are they working on EB1s only?

    Is it because the Visa #s are exhausted for the period?

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  • rbashir
    02-15 08:23 PM
    Hi Guys,
    As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.

    After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.

    In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.

    I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.

    Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.

    I did post another thread related to the last issue regarding the H1 extension here

    I apologize for this, I should have remove that one but am unable to find the delete option
    Thanks in Advance


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  • kp9999
    04-23 11:57 PM

    1..I would like to know if an employer revokes 140, and if the AC21 is not submitted at the time of many days are given by USCIS?

    Is it 30 days?

    2..If I go to another emplyer and try to do interfile, still I need to file AC21?
    And if the new category is EB2(my old application is EB3), still is that ok?

    For eg..EB3 title is system analyst, and if I want to go for Eb2 then which could be more apprepriate..?Senior SYSTEM ANALYST

    appreciate your response..


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  • amulchandra
    02-05 10:48 PM
    Hi all,

    I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.

    I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.




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  • webm
    08-13 04:02 PM
    Hi All,

    My PD is 1st Aug 2006. Am i IN or OUT?

    As per VB:

    The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.

    They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(

    No, you are not IN yet..sorry you just missed the window...It could be a chance for you in next Oct'08 VB..

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  • nsn1234
    07-27 01:02 PM
    Hi STAMisha,
    I sent you a message and also sent an e-mail. i went thorugh ur previous posts and it seems we are pretty much on the same boat.

    plz check ur mail and call me at ur convenience. we will talk in detail.


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  • werc
    04-04 01:54 PM
    You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.

    If you need a reference ,PLease refer to the AC21 provisions.

    I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

    Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?

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  • ronhira
    06-08 11:41 AM
    There is one way to find out if CIR is any good for EB - by looking at the bill when it is proposed bill and amendments. It will be suicidal to assume that CIR is somehow bad for us, and incriminate any effort for CIR. My point earlier was not that CIR is bad for EB, but about the actual reason for Sen. Reid's recent comments, just to set the expectations straight.


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  • vijay0101
    06-21 12:13 PM
    yes still labor transfer is possible ..But you have to very carefull.. you need to find what was companys financial position at that time when labor was filled. wheather you were fullfiling your experience as required in Labor at that time... and you need to check the companys situation if it is not blaclisted by DOL.

    It is just my openion you can check with attorney's.

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  • dollar500
    04-28 06:57 PM
    For those IV members who are not aware of this hearing:

    There is a very important hearing scheduled on 4/30/08. Please check the status on this hearing at the following link. Let's keep our fingers crossed that this has an impact on the overall grand scheme

    Wednesday 04/30/2008 - 2:30 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs

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  • ski_dude12
    01-07 11:08 AM
    Is this for H4 renewal or first time H4. If its for renewal she can go to any US consulate in India. However, if it is first time she has to go the consulate that falls in her zone i.e her place of residence. Confirm it with VFS.

    08-13 02:58 AM
    I am a labour substitution case pd feb 2002 filed 140 in June at NSC. My 140 has been pending for more than a year. Now recently I received 2 year ead.

    Does this imply my 140 is approved too???

    Is it safe to work on ead of one gets 2 year ead with pending 140.??

    please advice.

    10-26 02:05 PM
    Yes I files my applications at NSC but receipt nos are of TSC



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