Friday, June 10, 2011

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  • arbhaat
    10-08 08:06 PM
    I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!

    Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?

    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?




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  • hebron
    08-16 01:47 PM
    If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.




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  • h1bemployee
    02-26 10:43 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    Original LCA salary is like 58k and current one is 40k




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  • sanju
    04-08 05:37 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    I saw your questions earlier and knew the answers as they are available online. I ignored your questions earlier in the day, now I am glad that I did because you deserve answers to anything.

    Get lost.


    .



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  • Madhuri
    04-09 11:30 AM
    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • kingkon_2000
    06-08 11:59 AM
    I entered the US as a student in Jan '99 and did a couple of trips on my F1 visa and since I got my H1-B approval notice in 2001, I never left until last December '07 and returned with a stamped H1-B visa.

    I would be "ok" if they asked for all returns since 2001 as that's when I actually started working and used the H1-B, but why is he asking for returns from 1999, I have no clue...

    That's why I mentioned it feels like he wants to deny my applicatoin. Can he deny it if I can't produce the returns for '99 and '00 even though I filed my returns and the IRS can't produce evidence that I did or didn't?

    I do have the W-2's from '99 and '00...

    Any ideas/help from senior members or someone that had a similar situation?

    If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...



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  • ak_manu
    04-09 03:27 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK




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  • snathan
    04-13 09:29 AM
    Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?

    You can take any position anywhere with anyone...H1B is only if you want to work in the US



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  • sreenivas11
    10-03 05:10 PM
    Now they are implementing in VA State too




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  • leo2606
    07-29 01:09 PM
    Old Pork Chops asked:
    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?

    But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).

    So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(

    Any way I would like to be out of this thread.

    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)



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  • dan19
    10-18 12:22 PM
    One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.

    My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.

    Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.

    The company then sent back the rebuttal stating the new efforts made.
    The DOL then approved:) the case.


    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?




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  • Scythe
    11-29 02:34 AM
    Gah, I knew it! :deranged:



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  • nav_kri
    04-01 08:01 PM
    I got this in an email from Maple International

    "Please be rest assured that this news is not April Fool's joke.

    Today the Alberta immigration department announced that on April 15, 2009
    the on-demand occupation list of Alberta will be changed. Any applications
    postmarked before April 15, 2009 will be assessed based on the current list.
    All applications postmarked on or after April 15, 2009 will be assessed
    based on the revised list that will be posted on April 15, 2009.

    The possible change

    It is very possible that IT related occupations will be removed from the
    on-demand list on April 15, 2009. The original intent of this Alberta
    program was to recruit H-1B professionals from USA. The economy of Alberta
    was booming in recent 5 years because of the discovery of huge oil reserve
    in the northern part of the province. Alberta needs engineers such as
    Chemical Engineers, Mechanical Engineers, Civil Engineers, etc to work for
    its oil industry and its oil based economy.

    However, it ended up that the overwhelming majority of applicants of this
    Alberta program are IT consultants, programmers and software engineers in
    USA. Alberta does need some IT professionals but it for sure does not need a
    lot of them."

    Is this true? I dont find any info related to this on Maple International website or Alberta Immigration website.




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  • honge_kamyaab
    11-16 09:11 AM
    Power of internet, thanks for all the input.

    That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.

    My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.

    One more question to the folks who became Canadian PRs. When I exit out
    of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
    can they override "Automatic revalidation rule" in this case.
    Part of me says they are two different teams one working for US to track I-94
    and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?



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  • desi3933
    09-05 05:53 PM
    Thanks, nice reply.

    Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?

    If I go with C-Corp, shall I liable to $800 as well, any ideas??

    What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.

    Thanks in advance.


    The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.

    The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.

    Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).

    Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov

    *** Disclaimer - This is general info and use it at your own risk *****

    ____________________________________
    Proud Indian American and Legal Immigrant




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  • nmdial
    04-21 09:36 AM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial



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  • DallasBlue
    07-31 08:42 PM
    Join state chapter to be upto date.

    http://groups.yahoo.com/group/texasiv




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  • txh1b
    08-06 07:36 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

    1. Possibly can with a divorce.
    2. #1, can be considered automatically revoked if divorced.
    3. No




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  • HeeKwan
    02-01 08:44 PM
    Congrats




    raj3078
    02-09 09:53 AM
    I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights




    leo2606
    10-13 10:14 PM
    Probably the consulate people will think the candidate as Fidel Castro's brother are something if you wear red.:confused:




    Are you serious or kidding?



    Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.

    But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.

    That dress is - "Red Shirt"

    Hope this helps !



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