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  • roseball
    04-04 11:42 PM
    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.


    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

    As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.





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  • crystal
    09-17 12:49 PM
    This will be a problem for all the people whose cases gets transfered from other centers to NSC or TSC. May be it is just the receipt date of transfer notice... Not the actual 485 application ? A clarification from USCIS would help





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  • yabadaba
    08-14 02:01 PM
    i am 7:55 NSC r williams too... no receipt yet :(





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  • SK2007
    07-11 02:51 PM
    Just keep waiting. My PD was current for months now, but my 140 is still pending. just keep waiting.



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  • sanju
    06-30 03:55 PM
    EDITED BY MODERATOR FOR CONTENT:

    Does not mean to say this in any disrespectful way but the analogy I can draw for Ombudsman and Gautam is –

    Ombudsman ****************************** make as much noise as he wants but people can just chose to look in the other direction and ignore. Ombudsman has no power whatsoever. Reading the Washington Post article about Dick Cheney and learning from it how this administration works, I ask myself a question - when would someone get up to kick ombudsman ****************as he is simply documenting the inefficiencies of USCIS and this administration.

    Gautam – I saw this guy in CA at Rep Gutierrez meeting. ***************************************This guy talked to Rep Gutierrez in a derogatory and condescending manner and such immature behavior doesn't help the cause and it spoils the environment.

    FYI, ombudsman office replies to most people who write to them. They conduct bi-weekly conference call to find out problems of the people. They do it only to include these problems in their year end report. The objective is to document and show that ombudsman is doing what they are supposed to do i.e. document problems for the YEAR END REPORT.




    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???





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  • sanjay02
    03-28 07:34 PM
    Report to dept of labor at your local office.

    info@dol.gov



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  • gcgreen
    07-07 05:07 PM
    I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.

    The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.

    Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.

    Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
    CA state tax is 9.3 % (again please verify because this varies based on your combined income)


    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?





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  • geve
    11-08 01:45 PM
    Austin, Houstin and Dalls not less than 10000 H1B candiadates. Atleaset target for 1000 (10%).

    Come on guys.



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  • dilipb
    02-07 04:56 PM
    Seriously speaking I still am not convinced....
    Can someone ellaborate on this more?
    Thanks...





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  • jnraajan
    07-27 11:29 PM
    Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.



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  • neoklaus
    11-01 01:44 PM
    EB3(ROW)

    NSC ( I 485, EAD, AP)
    Receipt: Aug.16
    RN: Oct.1

    FP(notice): Oct.22
    FP: Nov.9

    EAD: me+child:Oct.24
    wife- not yet

    AP: nothing





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  • ndbhatt
    11-08 01:57 PM
    You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
    Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.



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  • cinqsit
    02-26 02:41 PM
    Hi

    According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
    that you contact the ombudsman. You never know whats going to click in the end.

    Best

    cinqsit





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  • trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.



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  • lazycis
    01-15 11:41 AM
    Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?

    Yes, it's indirect deduction.





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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.



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  • lostinbeta
    10-16 01:10 PM
    FF7!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!1

    Anwho.... Excellent pic Kit....most excellent indeed.

    I actually thought the graphics were just flat out astounding considering the time it came out (1997?).

    I think everyone rocked! Well Yuffie kind of annoyed me, but she was a good fighter...so it worked out.





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  • rsrikant
    07-20 03:26 PM
    my 140 also is e filed and i received receipt no. in email.

    waiting for the hard copy of receipt notice..

    any idea how long it takes to get receipt notice if it is efiled...





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  • Augphoto
    March 4th, 2007, 04:49 PM
    Must... hide... credit card... now..! :D


    jilechty, I can hide that credit card for you!:)





    wandmaker
    10-20 04:36 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

    What did your lawyer say?

    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks

    it is up to you decide, which side of the double edged sword you want to hold onto.





    apatel_17
    07-18 06:02 AM
    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

    please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.