Monday, June 13, 2011

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  • liberty
    10-06 04:30 PM
    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.




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  • veni001
    11-04 07:25 PM
    Hi Experts,

    Need inputs on following scenarios.

    I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

    Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

    Ans: Only if approved I-140 is not revoked by sponsoring employer.

    Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

    Thanks

    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o




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  • CaliHoneB
    05-05 02:08 PM
    My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
    http://immigrationvoice.org/forum/showthread.php?t=600

    The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.

    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600




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  • chaukas
    10-21 12:03 PM
    We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
    The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.



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  • lermitthefrog
    06-15 02:41 PM
    WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)




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  • txh1b
    08-20 06:27 PM
    Does she have a 485 pending as well?



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  • raminmd
    08-14 05:00 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.




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  • RDB
    12-21 10:32 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh



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  • eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501




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  • desi3933
    05-10 09:28 AM
    VB will come today.

    I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.

    We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.

    What do you say?

    Khali dimag shaitan ka ghar

    (Translation: An idle mind is a devils workshop)



    .



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  • dhenuva123
    01-10 06:48 PM
    menezeswayne,

    Did you get your extension? Please let me know, after how many days u got u'r extention.....am also in same situation .My H1-B extension was filed on sept 1st,requesting for additional 3 years (after the 1st 6 yrs) to VSC on regular basis. My labor and I-140 were also approved. The case has been pending since then.

    Thanks much.




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  • yabadaba
    03-20 03:55 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend a dime on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.
    I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.



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  • nogc_noproblem
    06-27 03:58 PM
    Paper based. Sent on May 5th to NSC.

    Can you please provide below details

    when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?




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  • little_willy
    05-02 09:41 PM
    Little_willy,
    How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
    Thanks

    Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.



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  • anilsal
    07-16 05:12 PM
    That could explain why NSC never got the memo. Remember only EB I-485 is in question.

    Isn't it the other way around?




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  • validIV
    03-24 12:51 PM
    Technically if you lose employment in H-1 you are out of status, although there is an informal grace period that everyone here interprets differently.

    How long have you been unemployed?



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  • amulchandra
    02-06 07:39 PM
    That's really nice. Even I heard a lot of success stories like your's. That's the reason I started approaching non-profit organizations for volunteering. But in may case it is working the other way round. May be because I am in to IT.
    But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
    Anyway I may have to think twice before approaching for volunteering again.....




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  • swaraj
    11-12 01:07 PM
    Thanks all for your replies.
    Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?




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  • IneedAllGreen
    09-22 10:45 PM
    I would suggest to stay with your employer and get your I-140 done through premium processing . Once I-140 done then transfer H1B with new employer and start new GC processing too.

    I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.

    One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.




    immilaw
    09-15 02:04 PM
    i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.

    if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?

    Sounds like a plan. Thanks for replying.




    Pagal
    06-26 08:48 AM
    Hello,

    Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...



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