eb3_nepa
02-12 02:16 PM
Thanks for replying. Were the I-140s EB2 or EB3? Coz i have seen a LOT of EB2s taking significantly more time than Eb3.
For eg. I filed for labour in Jan and it already got approved thru PERM coz it was EB3. a couple of my friends have filed in EB2 aand have waited significantly longer.
For eg. I filed for labour in Jan and it already got approved thru PERM coz it was EB3. a couple of my friends have filed in EB2 aand have waited significantly longer.
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stemcell
04-05 10:07 AM
Used FHA loan.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
Closed on Feb 26 with Coldwell Banker.
didnt have issues regards my H1B status.
redddiv
06-29 02:16 PM
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
USCIS will not give you a copy.
OK There are two places you can find your OPT CArd.
1. International Students Office of your College (if you had given thema copy, most likely).
2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)
Hope you will find Luck with this.
Is there a way I can get a copy of this from USCIS?
USCIS will not give you a copy.
OK There are two places you can find your OPT CArd.
1. International Students Office of your College (if you had given thema copy, most likely).
2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)
Hope you will find Luck with this.
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abhishek101
06-02 08:37 AM
I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
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nmdial
03-12 07:19 AM
As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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saurin
02-09 08:49 PM
But since I also have H-1B and my sponsoring company did not cancel the H-1B since I am on LOA, can I work for another company on AC21 without H-1B canceled from previous sponsor.
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mrajatish
03-25 12:06 PM
Finally, someone who thinks long-term. That is why I had mentioned that we need to go beyond our immediate benefits and think longterm.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
Also, people with Masters in Computer Science are also eligible, so for the many nay sayers, grunt IT work is not interesting to US govt., but there is still a lot of innovation going on in core Computer Science.
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snram4
08-04 06:26 AM
SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.
I received the same email too.What a pity.....
I received the same email too.What a pity.....
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indyanguy
08-24 01:45 PM
Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?
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Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
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tampacoolie
07-05 07:31 PM
Anyone with US earned income can contribute to 401(k) and IRA. I have my own Roth IRA and employer 401k plan. I contribute to both.
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EndlessWait
08-03 04:23 PM
i would also like to know..i think its doable but one has to withdraw the old 485 and can file the new only if the PD is current.
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Administrator2
05-08 09:30 PM
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
more...
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gcseeker2002
08-27 04:56 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
this is very important.
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
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whattodo
06-30 03:28 PM
Did you see approved on Jun 25th? In my case, I saw approved on Jun 28th and then pending on Jun 29th. My attorney received approval notice on Jun 28th. I dont know how to make sense of it.
What was the message in your case on Jun 26th? I am seeing that they received my application on Jun 29th and it is pending. It sounds strange.
Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?
What was the message in your case on Jun 26th? I am seeing that they received my application on Jun 29th and it is pending. It sounds strange.
Online case status shows approval on jUne 27th. But then does it really matter with all this talk of July retrogression?
more...
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snathan
12-22 05:09 PM
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
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Googler
07-18 08:31 PM
Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
cooldudesfo
09-11 01:46 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
senthil1
12-05 05:44 PM
No difference this year. This year most H1bs will go to Indian consulting companies as they will process and keep them in India. Also many US Master degree graduates will pay money to consulting companies and get H1b though there will be no new jobs. Only US companies like Intel,Google will reduce/stop hiring H1b and non H1b.
I think H1b will last more month this time than past 3 years. And lawmakers will think its not right time to increase.
I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....
I think H1b will last more month this time than past 3 years. And lawmakers will think its not right time to increase.
I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....
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