Wednesday, June 8, 2011

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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.





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  • calboy78
    07-27 03:30 PM
    EAD is only required if you want to work and you don't have any other document which will allow you to work (e.g. a valid un-expired H1)

    Cheers :)

    Hi,

    My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

    Thanks.





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  • Immigstories
    01-11 01:32 PM
    Gurus
    I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.

    I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:

    1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?

    2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.


    I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
    Thanks





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  • desi3933
    06-27 11:47 AM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

    EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • bsbawa10
    02-12 05:22 PM
    I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..

    You are right. For a good lawyer, you should not ask to change, but for bad one for sure you should. I never questioned my company's lawyer who is from Chicago. The worst lawyer ever possible: never replied to email, never responded to phone and never communicated: what she was doing. She filed my case in EB3 without consulting me or my knowledge even (I had two Masters and international research) and I came to know about it many years later when I thought I could be getting green card any day and guess what i came to know that not from the lawyer but from USCIS.





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  • obelix
    07-25 08:12 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?



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  • anuh1
    04-05 01:33 PM
    Thanks for the info. I also got mine PWD today. Just now attorney confirmed that.





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  • DallasBlue
    11-10 02:55 PM
    I would like to know what is the booth number?

    Your Booth Name: IMMIGRATION VOICE
    Your Booth Number: 15

    is what I got from Needhelp. See you'll there !!



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  • pmamp
    12-21 10:51 AM
    hi All,
    I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
    However I found links on the Atlanta and Washigton consulates that say that I need a visa.

    http://www.consulfrance-atlanta.org/article.php3?id_article=827
    http://www.consulfrance-washington.org/article.php3?id_article=383

    Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.

    Apologizes if this thread is under the wrong category
    Thanks
    Radhika

    As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.

    However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.

    The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.

    Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.

    Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.


    ~ happy travel





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  • ItIsNotFunny
    09-23 11:25 AM
    http://judiciary.house.gov/hearings/calendar.html



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  • mytv
    08-14 11:12 PM
    i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

    i dont trust everything wat lawyers say.so can anybody help me out with this issue.





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  • michael_trs
    11-18 11:34 PM
    485Mbe4001,
    Sorry, I didn't understand...
    Is it possible to switch to EB2 if my company already applyed for LC as EB3? Or I need to start with LC processing again - it means that I loose a year for LC processing, right?



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  • dpp
    06-20 06:17 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.

    I think you are ok. Nobody got I-485 approval in 4 months. So, don't worry. You can apply anytime before your 485 gets approved.





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  • maru
    09-13 02:06 PM
    hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?

    thank you for welcoming me to IV. yes, i am attending the DC rally together with my husband.



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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)





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  • gee_see
    04-15 02:22 PM
    9 Years, with one employer!!! immmm..

    If the employer is good it is ok, what if not?

    I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.

    Lunch Time (EST), on the lighter note….

    Tourists in the Museum of Natural History ...
    ...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
    The guard replies, 'They are 3 million, four years, and six months old.'
    'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
    The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'

    My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...



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  • Lasantha
    04-11 02:04 PM
    Thanks GCwaitforever and HereIComeGC!!!

    Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.





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  • gcdreamer05
    09-29 01:27 PM
    If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.

    Maverick_2008-+


    If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......





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  • Life2Live
    04-30 01:12 PM
    perhaps this will help.

    http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm

    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.





    va_labor2002
    08-23 10:31 AM
    SKIL Bill will resolve lot of our issues. There are lot of people supporting this BILL. And, many Big companies are behind this BILL. Still, this Bill is stuck in the congress for many months. Why ? What is happening with this Bill ? We don't know the future of this Bill ? It is in a Black box now !

    But,we have to do something to pass this BILL. What options we have ?
    What IV is doing now to push this Bill ? IV has done an excellent job in CIR
    bill in the senate.

    I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.

    Thank you.





    akred
    06-23 01:38 AM
    Generating receipt may take 7-8 days but if they open it
    Monday June 25th they may reject it saying its not current .... ??

    That rejection will probably come back after 7 days too :-)

    Yeah, its not worth the risk. Just curious about how this timeline works though.



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