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Friday, June 24, 2011

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  • raju6855
    02-02 11:04 AM
    Ok, I guess we will do that.

    Thanks much





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  • rbharol
    09-20 12:24 PM
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.

    Answer from my Lawyer is No.

    I tried to commercialize my website which you see in my signature. Plan was to sell
    the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.





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  • sandy_anand
    01-24 09:38 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.





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  • vasa
    07-08 04:43 PM
    5 stars and posted comments..good job dude



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  • Munna Bhai
    12-14 09:43 AM
    I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

    Thanks!

    I-485/I-765 filed July 6, 2007 - EB3
    I-765 approved Sept. 11, 2007
    I-131 filed Aug. 1 2007 & pending
    FP completed Dec. 04, 2007

    Please update us once you receive RFE, I will update the items.





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  • bbabu
    05-16 01:36 AM
    Hi Guys..

    If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..

    https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD

    ~BBabu



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  • HumJumboHathuJumbo
    01-02 03:51 PM
    presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

    You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks





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  • Bytes4Lunch
    03-07 09:25 AM
    Visa stamping interview --> First week of Feb
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    ---------------------------------------
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.



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  • indyanguy
    07-31 11:17 AM
    You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.

    When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?





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  • eilsoe
    10-03 01:15 PM
    :::snicker:::

    SPAM*INFINTY+1!!!!!


    ::::runs like h*ll::::


    :::::evil laughter scares peasants:::::



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  • Siboo
    08-03 11:21 PM
    My wife's case is still Pending.

    July 2 filer.
    PERM
    EB2 - India
    PD : 08/2005





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  • neema
    11-29 04:48 PM
    I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.

    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

    What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

    It is not possible to get the stamping on company "B" if you have H1 from company "A".



    You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.



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  • mali03
    05-25 08:13 AM
    Called Larry Craig's office!





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  • Munna Bhai
    02-27 07:14 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    See with lot of difficulty you got GC. And with GC you can work part-time and even take another job. Why you want to take a chance. Yes, you must work for the employer for 180 days. Just stick for another 6 months and the game is over.

    Enjoy the life.



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  • ashkam
    11-17 02:53 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true

    What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.





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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?



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  • Vsach
    07-12 10:12 PM
    Dear All,

    If IV as a organization decides to file a law suite I shall contribute, decide the amount!

    Regards
    VSach:)





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  • casper21
    07-29 10:46 AM
    Can someone give answer to my question??? Please..................





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  • ivgclive
    03-22 09:10 AM
    And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
    That will be faster than this EB2 and EB3 backlogs.
    You help him now, and he will help you.

    Much better.

    Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.

    :D





    fromnaija
    02-20 12:36 PM
    Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.

    Hi,
    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .

    Thanks





    Oct007
    11-11 08:53 PM
    I have followed what many people suggested and applied for the H1B renewal.

    Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.

    I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?



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