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  • kopra
    02-25 12:19 PM
    Yes you can say you didnt join them . Again, of all the cases i have heard , people at POE hasnt created any issue for H4 Re-entry.please take a one time appt with any good immigration att. so that you dont have to worry

    Thanks Kopra for the reply.

    Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.

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  • willwin
    08-11 11:23 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    Sorry guys!

    I overlooked it.

    How do I modify a poll?

    I can add two more entries in my poll.

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  • chi_shark
    10-06 05:23 PM
    i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.

    wish you luck

    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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  • hebron
    06-22 01:39 PM
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.


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  • Kushal
    09-15 05:23 PM
    Will join...see you all in the chat room

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  • logiclife
    04-26 06:16 PM
    Be careful with what you post on this thread.

    Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.

    Restrain would be a good idea.


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  • virtual55
    04-16 09:58 AM
    I don't think so, please read this document

    read this document, go to Addendum II

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  • rajenk
    10-27 05:47 PM
    Only till May 2013. But then you can still renew for 3 more years provided your PD is not current in 2013. You can use the approved I-140 from your current company for renewal. Make sure to get a copy of I-140 approval, not the courtesy copy.

    You have to start a new GC process soon after you join a new company. That way you can port your PD to the new case and be eligible for filing I-485.


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  • perm2gc
    12-24 01:36 AM
    Hi Nair/Perm,

    I am not a returning US resident.

    One of the companies sponsored my H1B and I am trying to get the visa stamped in India.

    I got the wage report from the company but not the "Unemployment" wage report, so I am confused.

    Any help about the document would be greatly appreciated.

    Thanks a lot for all your help.

    Have a nice time!

    Thanks & Regards,
    i know you are not in US.You cannot get the unemployment report yourself directly.You ask the company who sponsored the visa.They will get thru the attorney.
    check this :

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  • conchshell
    06-13 02:02 PM
    One more state chapter .... go ahead guys .....


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  • bidhanc
    09-22 03:40 PM
    Hahha...that was funny.
    You think God has the guts and come do battle with USCIS??? :)

    Another bizzare behaviour with Renewal of Efile EAD....

    My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...

    God come down to earth and save us from this atrocity....

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  • virens
    08-24 04:37 PM
    Hi Everyone,

    I have a quesion on the same lines!!
    My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
    Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.


    please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .


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  • Jaime
    09-15 09:28 PM
    One Day Of Sacrifice!!!

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  • genscn
    07-30 01:39 PM
    Is it mention some where on USCIS website? I live in GA but since I-140 was filed at Nebraska center, My attorney sent my I-1485 at Nebraska too.



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  • jkays94
    05-26 05:02 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.

    Since the U.S. government imposed a $500 training and scholarship fee on H-1B skilled foreign-born professionals hired by employers, U.S. companies have paid more than $1 billion in fees that have funded more than 40,000 scholarships for U.S. students in math and science. The fees obtained from employers have also funded hands-on science programs for 75,000 middle and high school students and 3,000 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.

    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

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  • dontcareanymore
    08-04 03:36 PM
    Someone gave me red for this post...i dont understant why???
    Two words :
    Trigger happy ....


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  • kshitijnt
    01-24 04:26 PM
    I think your attorney and HR are winking at each other. Looks like this is a cheapo lawyer. Tell them that you will file H1 extension only if they apply I-140 by premium or else you will go back to India. If you are in consulting and a revenue generating employee this is the best approach. Your employer will be a FOOL not to take you seriously. Also give them a few examples of people who got 3 year extension and ask why not for you?

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  • PBECVictim
    07-13 10:39 PM
    Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.

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  • indyanguy
    06-08 01:25 PM
    RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
    But for EAD it does not matter where 485 was filed only thing that matters in where you live.

    Thanks a lot. Is this where we need to send? (BY fedex)

    USCIS Nebraska Service Center 850 S. Street Lincoln, NE 68508-1225

    08-02 06:25 PM
    is there any limitation in sending DHS 7001 to ombudsman?

    Because i already sent this form twice and no response so far. Should i send it third time?

    There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p

    Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...

    12-13 12:32 PM

    I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.

    Thanks in advance,


    YES. French & British Airport needs a Transit Visa if your Visa Stamping on your passport is expired. If you have a valid 797 approval German airports let you in without a transit visa.

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