Wednesday, June 15, 2011

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  • gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.




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  • anandrajesh
    01-05 12:40 PM
    We are now at 8000 members exactly, as of 1:00 EST January 5th.

    & When checked at 1:30 the number is 8034. 34 members in 30 minutes??? sure all your postings in other websites working. AT this pace we should reach 10000 soon.




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  • sunnymit
    03-30 02:56 PM
    Yeah.. the list of supported documents on that link is still ok. However, really speaking those are too many documents and most of them are "just in case" documents - 4 pay stubs, 3 or 4 W2s etc. etc. But anyway...




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  • Ramba
    05-04 06:35 PM
    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.

    In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.



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  • kk_kk
    07-16 01:59 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.




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  • yogirajd
    11-09 12:43 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.

    Thanks

    Yogs.



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  • sbdol
    07-19 01:32 AM
    Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
    What do you think now? any suggestion.
    I would think that you did not file at all.
    If the PD was not current at the time of the first submission they should not even cash the check with the fee.




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  • gc_peshwa
    09-13 10:52 PM
    Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
    Cornered from ALL sides.
    Helpless.
    Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
    About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
    And finally about to be MASSACRED. (at the hands of the Obama's of this world)

    US is no longer attractive to top immigrant talent that actually made USA what it is today.



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  • a_yaja
    01-16 09:27 AM
    Hi,

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.
    Niru

    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.




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  • amsgc
    01-23 12:08 AM
    The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
    However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
    Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.


    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?



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  • Sachin_Stock
    09-21 01:58 PM
    New 485 is not recommended as you have to undergo all the hassles of fingerprinting, medical, background blah blah blah....Specially if your Eb-2 date is current and your case already being pre-adjudicated, interfiling is very much a common sense.




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  • senk1s
    09-28 03:07 PM
    so it looks like TSC is getting help from CSC ....

    But nothing about apps being transferred from nsc to csc



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  • Dhundhun
    06-06 01:48 PM
    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?

    Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.

    First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.

    I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.

    Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.


    I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.




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  • das0
    03-09 01:54 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    Please advise. Much appreciated - thanks



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  • psaxena
    05-19 11:58 AM
    ^^^^^^^^^^^^




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  • iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...



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  • Here is a map of Club Penguin


  • andy garcia
    09-17 12:45 PM
    based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids

    The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES


    AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER

    LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES

    KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS

    ATLEAST NOW - LEARN FROM THESE CHILDREN

    EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS

    YES, EVERYONE TO DC

    EVERYONE TO DC

    That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.




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  • sandy_anand
    10-30 03:47 PM
    Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.

    Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.

    We may achieve some admin fixes if current administration really wants to help us.

    I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.

    Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.




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  • dilbert_cal
    07-11 03:19 AM
    Emigration or Immigration ?? Isnt there a difference between the two ;-)

    As per m-w.com
    Emigrate :-
    Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
    : to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>

    Immigrate :
    Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
    intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence

    Hope the writer of the article knows the difference too....




    nixstor
    10-27 04:06 PM
    Nah.. I think the talk to power guys skim the whole thing and ask him questions. He didnt even ask him about these issues. Now its Sen Brownback




    ilwaiting
    04-28 02:26 PM
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