h_shaik
11-14 04:12 PM
Your employer gave you a red mark.
somebody gave red mark...what happened???
somebody gave red mark...what happened???
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joydiptac
06-23 02:56 PM
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
pcs
04-17 12:54 PM
Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)
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Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
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karthkc
06-02 11:19 AM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
jthomas
06-11 01:49 PM
I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues
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asanghi
08-31 12:21 PM
Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.
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gatsat
10-08 03:10 PM
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
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GCMan007
03-12 09:46 AM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
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sriswam
06-29 12:57 PM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota. The employer can file for I-907 diectly without invoving the lawyer. The attorneys are not likely to help you now since they are swamped. I'd say ask the employer to file today. Else wait a month!
There is no quota. The employer can file for I-907 diectly without invoving the lawyer. The attorneys are not likely to help you now since they are swamped. I'd say ask the employer to file today. Else wait a month!
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wandmaker
10-23 01:16 PM
Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
1. Cancel your one-way ticket and get a two way ticket with future date
2. Get another one-way return ticket.
Work out a cost difference and decide! for sure, you need to furnish a proof at the port of entry that you will be returning to home country, one of the proofs would be your return ticket.
1. Cancel your one-way ticket and get a two way ticket with future date
2. Get another one-way return ticket.
Work out a cost difference and decide! for sure, you need to furnish a proof at the port of entry that you will be returning to home country, one of the proofs would be your return ticket.
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thomachan72
09-07 09:59 AM
you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???
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espoir
07-09 03:59 PM
Nice. Hope this video makes it to the youtube debate.
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fittan
03-18 12:24 PM
GCBalak,
1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?
2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.
Fittan
1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?
2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.
Fittan
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GCard_Dream
07-10 02:48 PM
I found the answer from the I-693 form. X-ray is only needed in the following situation:
Chest X-Ray - Required ONLY for TST reactions of > 5mm or if specific TST exception criteria met, or for an applicant with TB symptoms or immunosuppression (e.g., HIV). Attach copy of X-Ray Report.
Here is the detailed explanation from USCIS on the the new TB test requirements:
http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_ti.pdf
Chest X-Ray - Required ONLY for TST reactions of > 5mm or if specific TST exception criteria met, or for an applicant with TB symptoms or immunosuppression (e.g., HIV). Attach copy of X-Ray Report.
Here is the detailed explanation from USCIS on the the new TB test requirements:
http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_ti.pdf
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kumar07
09-12 12:05 PM
Hi Friends,
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
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BharatPremi
03-17 02:33 PM
No
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eb3_nepa
02-12 02:14 PM
Dont forget "CHEAP" ;)
Good but LAZY and CHEAP ;)
Good but LAZY and CHEAP ;)
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vin13
01-15 03:40 PM
I agree.
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
zexunzhou
09-17 12:54 PM
do not know what to do yet.
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