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  • satyasaich
    07-12 06:14 PM
    that the new 140 gets approved(for which i have no doubt) with old priority date.
    then go ahead for 485.
    the only point here is to play SAFE, and try to be on H1 until the new 140 is approved


    Will this be same if you are with same employer??

    I mean
    Having PD 2003 Jan - EB3 - approved 140
    Can this be used to file new I 485 with NEW PERM LABR - EB2??
    does EB2 140 needs to be approved ??





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  • chanduv23
    10-05 09:32 AM
    People are going to Sikkim these days. Heard it is amazing. You can consider going to places like Andaman or Maledives or Nepal too.





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  • krishjack
    03-25 12:56 PM
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents





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  • dvb123
    02-15 02:25 PM
    1) The per country limit for countries is 7% and for dependency is 2% . The FAM manual lists dependencies. Greenland is listed as a dependency. Greenland became an integral part of the Kingdom of Denmark in 1953.


    FAM Manual

    http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg

    2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies

    Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)

    Andaman and Nicobar Islands
    Dadra and Nagar Haveli
    Daman and Diu
    Lakshadweep


    http://india.gov.in/knowindia/union_territories.php

    United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia

    http://en.wikipedia.org/wiki/United_...ng_Territories





    3)


    22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex

    (f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.

    http://cfr.vlex.com/vid/40-1-definitions-19720333



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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.





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  • gvenkat
    10-12 05:54 PM
    I will say this time and again. It's a piece of plastic card and until USCIS realises that we are stuck here.

    It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India

    Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.

    If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.



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  • bestin
    06-18 08:49 PM
    Hi
    I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.

    140 filed under EB2.

    I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.

    I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.

    Pls throw in some light.





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  • HRPRO
    02-23 10:46 AM
    HRPRO
    These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry

    On a side note this happened when i was travelling back from India via Lufthansa

    Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.



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  • permfiling
    10-21 12:09 AM
    Attorney Prashanthi,
    if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.

    Thank you





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  • desi3933
    02-26 06:13 PM
    I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.

    Chitra -

    It depends on your reason for seeking entry into USA. If you are going to stay as dependent of H-1B worker, you can NOT use B1/B2 visa to enter.

    >> Can I hold 2 visas for entry into the US at the same time.
    One can have multiple visas in the passport, but only 1 visa can be used to seek entry into USA.

    >> can I still use it for entry into the US once I lose my H4 status?
    Please explain the scenario.


    ___________________
    Not a legal advice.



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  • GCwaitforever
    10-04 05:45 PM
    Learn Dutch. That is more useful than French there.





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  • h1denied
    03-16 08:17 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!



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  • chanduv23
    01-14 05:06 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks

    A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.





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  • ArkBird
    06-24 03:02 AM
    No. as per my lawyer it became unavailable in the middle of the month.



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  • hebbar77
    12-16 10:43 AM
    I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.





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  • snathan
    03-24 11:46 AM
    Even I am in the current situation. Please call me 6166342617 so we can discuss or email
    [email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options

    Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.



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  • LostInGCProcess
    08-28 04:32 PM
    My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).

    Thanks.





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  • Sai gc
    05-12 10:49 AM
    Anyone please advice.





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  • sargon
    05-18 11:51 AM
    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.





    eagerr2i
    08-02 07:32 PM
    do you remember the appointment time?

    My wife and son's appointment time was 10.00 and 10.15 AM





    wandmaker
    02-18 01:08 PM
    Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.

    I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA



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