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Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.

I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?

Please advice.

Thank you

My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.

Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.

Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?

For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?

Any thoughts will be much appreciated.

Thanks.

I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.

The guys a communist. " From each according to his capability, to each according to his need". Poor illegals need GC more than we do.

This is going to be interesting.. Finally someone speeking about legal immigration..

The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.

http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html

My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.

You have to choose the option - Re-issue of passport.
Fresh Passport is in case your passport expired 6 months back or more.

Fill the form, print it, fill the rest of the applicable details in ink and send it.
As you are already sending your old passport along, it is not that big of a deal.

When was the LCA filed?

It is really tough to get EB2 without work experience. Requiring a foreign langauge usually does not qualify for EB2 category automatically.

For EB2 & EB3 category people it is the Date on which Labor was filed.:)
For EB1 category people it is the Date on which I-140 was filed.:)

I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.

Hi,

I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.

1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?

Please help

Thanks,
Vikram

Can anybody recommend a good attorney in the DC metro area, I am trying to start the GC process and as I understand the LC (EB3 ROW) portion is very important and challenging currently.

I've heard of Murthy Law Firm and some other big name (in DC).
I've also looked at Ryan & Taylor based in Reisterstown, MD (same as Murthy).

thanks for your help!

-dan

Once your GC gets approved , thenit may be difficult for your wife to file

Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.

:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.

Hi,

I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:

1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.

My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).

Any input is appreciated.

I added my older H1b case too of Dec 01 (i hadn't added such old case to my portfolio..didn't see need) and that had a LUD of 10/13/07 maybe due to my submitted cases of 140/ead/ap/485. Those had a LUD on 10/16/07 with notice date of 10/12.

seems like some batch work was done on the 2004 cases today.

I always use www.1001freefonts.com (http://www.1001freefonts.com) - it does exactly what it says on the tin.

Er... Non UK people might not get that reference...

From what I understand the author means coud be mid July of 2007, note the words .. WITHOUT PRIOR NOTICE

How on earth will I knw who she is. All I know is, that's the name on my
tracking reciept acknowledged by at NSC on July 2nd at 2.35 P.M.

What's the confusion ? I guess she's employed at NSC :D

With USCIS playing with our fate - we need to look at all possible issues..

Yes I got the mail too and it says the same word to word. No surprise there.

We would need to educate the problems to the Senators. They seem to think anything related to immigration like a tunnle view. Just one thought and one decision and that is wrong.

Hi,

I have a pretty simple question.

A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

Please advise,
Thanks,
Vlad