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Thursday, June 9, 2011

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  • marcus12
    01-26 05:17 PM
    Hello Guys help me out

    I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master

    Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.

    Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.

    University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.

    Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.

    I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?

    I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents

    So I dont see any reason to get rejected?. But please give your suggestion





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  • Vel
    01-21 08:33 AM
    Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.

    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?

    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    Looking forward to have your answer on this... thank you so much in advance...

    Vel





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  • senthil1
    04-21 10:11 AM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    I believe it was House committee hearing http://judiciary.house.gov/oversight.aspx?ID=299





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  • gonecrazyonh4
    05-08 11:01 AM
    Last time we renewed we lost more than a month since they did it from approval date. Also they gave it so fast and only for 1year - we missed the 2yr valid EAD by days. In comparison they issued the AP quite late taking their sweet time



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  • homers
    04-09 08:49 AM
    As long as your H1-B application is still being processed, you should be IN STATUS.

    For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.





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  • zoooom
    10-26 04:51 PM
    Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.



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  • saileshdude
    08-12 08:04 AM
    My NC is pending. And I am not getting the GC because of that. A lot of people with Jan/Feb/Mar/Apr 2006 are getting theirs and quite handful with 2003/2004 are stuck. What could be the reason for this inconsistency, obviously NC.





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  • lazycis
    04-16 10:00 AM
    When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

    Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.



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  • cinqsit
    03-27 07:31 PM
    i have not applied for a GC as yet.

    I want to buy a franchise and start my own business.
    later on I want to apply for my GC.

    How did you manage to pull this one off ? you got an EAD without applying for GC ?!!

    Thats funny :-)

    cinqsit





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  • StuckInTheMuck
    07-17 07:46 AM
    3 weeks seem to be still in the ballpark. Took about that long to get my FP notice too. Did you e-file? Paper-filers do not get FP notice.



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  • dilbert_cal
    06-24 09:28 PM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you

    Incorrect tax return will not necessarily impact your 485 application.

    But knowingly filing an incorrect tax return may result in substantial fine if IRS figures it out. They do not have to necessarily find it this year - I believe an audit can be triggered anytime uptil about 7 years.

    Saving 5000 dollars or so with an incorrect tax return is good if you can live in the fear of future audit for the next seven years.

    The reason I stated "knowingly" filing an incorrect tax return is based on your statements. Clearly at this point you know your tax returns were wrong but because of penalty that you may have to pay, you dont want to amend it. Sure, if you are lucky , nothing will happen to you but thats not a chance I would like to take. Just my 2 cents.





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  • goel_ar
    12-20 11:39 AM
    ^^^^



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  • wantMyGC
    09-13 09:24 PM
    Thanks ImmigrationAnswerMan for your inputs.

    1) What if I stay with the same employer for the next 6 months, then take a re-entry permit on family issues and go to India for about 18 months?

    2) I heard this (#1) will break continuity, what if I stay 5 years in the US after I come back (#1), will it cause any issues in the naturalization process?





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  • nhfirefighter13
    May 31st, 2004, 05:27 PM
    AFLACK!Nice photos! I like ducks...they taste good. :p



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  • Leo07
    06-15 10:53 AM
    Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
    1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
    2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
    3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.

    H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.

    H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...

    Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.

    Best of Luck!


    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.





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  • BMS1
    09-25 01:10 PM
    "july 12 2007" will be the important date. It will be there as an USCIS stamp in the App. You can re-submit this app in Oct 2007 even if there is no visa available for your PD in Oct, 2007. It will be treated as if it was received on "july 12 2007".



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  • speddi
    12-09 12:35 PM
    As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...

    Thank you very much. Other than giving the letter with salary,job description and showing that it is a full time position, what support do we need from the new employer?





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  • sweet23guyin
    04-21 02:53 PM
    Apreciate if any one could shed light regarding USCIS doc/memo that allows moonlighting on EAD and still work full time on h1b with GC sponsoring employer.





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  • lost
    01-27 02:01 PM
    congratulations!





    smuggymba
    03-15 09:34 AM
    L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
    TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
    When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.

    After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).

    Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.





    nomi
    09-21 04:24 PM
    If you have master degree and you are from india then there is long long wait time.



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