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  • ashmeetk
    07-12 03:21 PM
    says you are exempt from cap if you held H1B status anytime in the last 6 year


    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help





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  • EkAurAaya
    03-19 09:43 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

    Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.

    I still would like to hear from someone who actually sold a place on h1 or ead their experience.





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  • eilsoe
    10-03 01:48 PM
    I have a feeling this could get evil...





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  • moe
    02-11 10:35 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.

    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby



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  • calaway42
    10-20 02:41 AM
    i found painter 5.. sounds alrite?





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  • vxb2004
    10-25 08:42 PM
    USCIS is well behind updating the status online. My AP says "Pending", but I received an approval note from my attorney.



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  • LayoffBlog
    01-27 01:32 PM
    High-tech glass and ceramics maker Corning Inc. - which makes glass for LCD screens and monitors in addition to fiber-optic technology - announced Tuesday it will cut 3,500 jobs, or 13% of the company’s workforce, by the end of 2009.Source: CNNMoneyPosted in Manufacturing, US   Tagged: Corning, Corning layoff, Corning layoffs    http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1261&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/27/corning-slashes-3500-jobs/)





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  • qualified_trash
    05-17 01:53 PM
    You may try www.shahandkishore.com

    My employer uses them and I have had an excellent relationship with them.



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  • cdeneo
    03-30 03:41 AM
    What is the best way to change representation of one's case from the company lawyer to Self? Also, how long does it take for this change to take effect?

    I am in a similar situation as mentioned on this thread and would like any communication regarding my case from USCIS to come to me and not the lawyer who filed my I-485 since I am leaving my current employer.

    Any insight into how to tackle this would be very helpful. Thanks!

    Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer





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  • misha
    07-21 11:08 AM
    Forgot to tell. Regarding my attorney, you can not use AP before it's start date. So you can not travel in August 2008 on AP with start date October 2008.

    Misha



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  • JunRN
    05-16 03:28 PM
    Marking I485 on I-140:

    This option is also beneficial for both non retrogressed and retrogressed countries:

    1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.



    How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

    CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.





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  • pamposh
    10-26 08:34 AM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

    I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.



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  • mlghyd
    08-10 11:15 PM
    Any updates on the EAD and 245 rule





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  • SK2007
    11-29 05:15 PM
    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

    I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.



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  • redcard
    08-23 11:29 AM
    I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:

    1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

    2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

    3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?

    Thanks in advance.

    I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..





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  • ArkBird
    12-12 04:22 PM
    Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.



    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.



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  • sankap
    07-30 03:26 PM
    Do you get the FP notice by email or snail mail?





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  • gc_kaavaali
    12-24 01:23 PM
    Congratulations to everyone!!!...Nothing is impossible if we are united..





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  • sbabunle
    09-05 05:38 PM
    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks





    immi_seeker
    08-08 01:43 PM
    Anybody had any experience at phoenix center with infopass appointment ?





    breddy2000
    01-23 10:55 AM
    The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).

    The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center. If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. We encourage you to check this page periodically before inquiring about your case. The processing dates are updated monthly.

    USCIS received a significant increase in the number of applications and petitions filed last year. In July and August of 2007, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. In fiscal year 2007, USCIS received 1.4 million applications for naturalization; nearly double the volume received the year before. USCIS is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload.

    Last year's application surge did not impact USCIS offices evenly across the country. Although most offices have already processed cases received during the 2007 filing surge, a handful of offices will have a small percentage of their 2007 cases pending at the end of Fiscal Year 2008. That will result in processing times longer than the 10-12 month national average. USCIS will continue to shift resources to ensure that all local offices achieve the goal of five month processing times.



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