Friday, July 1, 2011

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  • chnaveen
    09-10 04:28 PM
    Guys,
    It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
    Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
    I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).




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  • Jaime
    09-15 12:18 PM
    你好 - 华盛顿!




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  • WAIT_FOR_EVER_GC
    10-25 03:13 PM
    Go for the long term assignment on L1. Apply for GC in america and live happily. They will or cannot stop your wife to apply for your GC if you are on L1.
    You will also have US experience which will help you a lot later.

    Untill and Unless you have something else in your mind that you have not mentioned here
    I would think you should take up L1.

    GC bhi milegal.
    US jaldi aaoge.
    US experience

    Ek teer se teen nishane

    Good luck
    Hello,

    I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.

    I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?

    I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.

    Thank you.

    Regards,
    MrZ




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  • Ann Ruben
    06-18 06:57 PM
    You can certainly maintain your H-1B status while the EB-5 immigrant visa petition is pending, though you would not be authorized to work for the EB-5 enterprise until an EAD filed in conjunction with your I-485 is approved.



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  • nyte_crawler
    04-13 11:25 AM
    I have a valid AP that expires in July and I am going to travel using that at the end of April. But I have also applied for another AP and it is pending. Can I travel or will it create any issues ?




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  • dealsnet
    04-01 04:18 PM
    My relative tried to get visit visa from Kuwait. He was there on visit. Embasssy rejected the petition and told him to go India and get the visa. Eventually he got it in Madras. Only residents can appear for visa interview. (residents means, locals or, those have employment or dependant visa and stamped residence in passport).

    If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.



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  • logiclife
    06-22 12:18 PM
    Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?

    You are worrying about something too early.

    Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.

    As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).

    If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.

    Anyways, you have a lot to worry about things before April 2008.




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  • a_yaja
    03-28 06:41 PM
    If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.


    My project is getting over, and it seems hard to find a h1b job.

    pls advice

    When did you file for I-485? Your profile says priority date is Dec-07 for EB2/ India. That date was never current.



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  • chanduv23
    06-27 07:26 PM
    Hello Folks:

    This long wait for Green Card has made me think about a number of things...

    A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.

    Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...

    Any thoughts on this... greatly appreciate ....it

    This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice




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  • tnite
    10-12 02:29 PM
    I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.
    I got my EAD card even before I went for FP.It doesnt matter.



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  • Blog Feeds
    01-20 08:10 AM
    I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.

    Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

    Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:

    Argentina
    Australia
    Barbados
    Belize
    Brazil
    Bulgaria
    Canada
    Chile
    Costa Rica
    Croatia
    Dominican Republic
    Ecuador
    El Salvador
    Estonia
    Ethiopia
    Fiji
    Guatemala
    Honduras
    Hungary
    Ireland
    Israel
    Jamaica
    Japan
    Kiribati
    Latvia
    Lithuania
    Macedonia
    Mexico
    Moldova
    Nauru
    The Netherlands
    Nicaragua
    New Zealand
    Norway
    Papua New Guinea
    Peru
    Philippines
    Poland
    Romania
    Samoa
    Serbia
    Slovakia
    Slovenia
    Solomon Islands
    South Africa
    South Korea
    Tonga
    Turkey
    Tuvalu
    Ukraine
    United Kingdom
    Uruguay
    Vanuatu

    This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.

    Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)





    More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)




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  • pragir
    07-19 10:30 PM
    I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.

    Check with a lawyer before you do anything.



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  • vallabhu
    08-26 02:11 PM
    Bump




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  • TomPlate
    07-09 08:28 PM
    There are lot of people from good companies expected to FILE 1485 and the company takes care fully. So we may not be able to join unless the company says yes.

    Such companies are

    Cognizant Technology Solutions
    Polaris Software Lab
    HCL Technologies
    Covansys and other companies



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  • waitin_toolong
    07-18 01:34 PM
    your wife is fine, with H1 transfer there is no need to file H4 transfer. She is not out of status.

    If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.

    And no issues with filing I-485




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  • gbof
    05-16 01:52 PM
    It would be interesting to split the poll as: Apr-May, June-July, Sept-Oct and Nov-Dec 05. I know there r not many between apr 05 and sept 05. but there is a lot in mar05 and sept to dec05 as labors under perm started clearing after sept 05.



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  • abcka111
    05-13 06:02 PM
    My husband got a new job now. But the new company is taking a lot of time to send him an offer. The whole process of initiating LCA and H1B transfer will take a lot of time I guess. He has asked the new company to expedite, but they said thats the fastest they can go.
    He has a couple of weeks in his current company. I am afraid that the H1B transfer might get filed only after his last day in the current company. Since he has already found a job, will the USCIS be considerate to understand that even though he has found another job, of no fault of his, he will be out of status?

    What is the penalty for being out of status for few days?




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  • gc_aspirant_prasad
    11-14 09:13 PM
    Bump
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^




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  • rotucan
    03-27 02:51 PM
    Now because all embassies and consulates required to use PIMS to verify your H1B status... sometimes takes several weeks to get the passport stamped. In my case takes 3 weeks after interview to get my passport back (embassy at Lima, Peru).

    So beware of the timing

    I just bring a copy of my wife H1B approval and copy of lasts taxes ... just in case




    shishya
    11-30 05:52 PM
    Folks,
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!
    -Shishya




    rameshvaid
    09-15 07:29 PM
    Members,

    Please post all 2009 EB3 485 approvals on this thread.

    Please mention the following details:

    Approval Date:
    Country chargeable to:
    Priority date:
    Are you a 245i beneficiary: Yes/No

    Let us see whether any regular EB3 guys are getting approved as per latest visa bulletins.

    There is no salt rubbing to anyone.. we all r in the same sinking boat.. To know, if some one got approved in EB 3 might give us some hope.. let's keep bumping it up even if there are none or few approvals..

    If some one feels salt being rubbed on his...a...go keep washing and putting ice on it till you you feel comfortable..

    RV



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