Monday, July 4, 2011

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  • HV000
    08-07 02:01 PM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.

    Did you try porting your PD?




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  • ramaonline
    07-27 09:54 PM
    AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney

    There was a post on the attorney forum with some additional information


    It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.

    If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.

    Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.

    Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.




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  • japs19
    07-20 02:18 PM
    I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.

    I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.




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  • franklin
    05-04 10:52 AM
    Nice job - thanks for helping to educate the people who don't know.

    Every time we visit people we get the same empathy and encouragement, but they are well aware of the issues.

    Its good to hear that we aren't all preaching to the choir!



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  • immigration_confused
    08-02 11:09 PM
    Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
    He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
    i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.




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  • gcsucks
    05-02 06:10 AM
    I have a PR Card in canada since June'04. I have been here in the US for 8 years now. But because of retrogression stuff im not able to file I485.

    Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)

    Please help



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  • ssksubash
    08-14 10:12 AM
    HI,

    I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.

    Any information is appreciated.

    Thanks,




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  • MaWizard
    09-13 11:14 AM
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  • breddy2000
    07-12 10:48 PM
    Hi,

    Here is my story, your help & information will be appreciated...

    1. I am currently working for Company A on L1B.
    2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
    3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.

    Now, my problem is that I do not want to Join the New company until December.
    However, can I still work with my company A on L1B even if after October.

    Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???


    No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
    I'm not sure what your problem is to join company B from Oct 1st.
    PM me if you need more details. I did this conversion from L1 to H1 long time ago.




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  • newbie2020
    03-27 11:27 AM
    H1 Approval notice of spouse/DS156/157 HDFC bank receipt and interview confirmation



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  • amitkhare77
    03-03 08:53 PM
    wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
    again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.

    The above is my personal opinion, make your own judgement.




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  • herns
    03-20 12:36 PM
    Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.

    I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.

    Do it yourself and save money!








    Disclaimer: Iam not a lawyer and THis is not a legal advice.



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  • SageDad
    03-16 06:50 AM
    Hi to all,
    I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?

    She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:

    International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)




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  • B+ve
    04-13 05:09 PM
    Thanks ksrk and kshitijnt

    B+ve



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  • mihird
    05-22 07:43 PM
    What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...

    But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?

    Can anyone shed some light on it?




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  • moonrah
    07-29 09:31 PM
    Again, any help will be appreciated.



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  • matreen
    04-26 12:18 AM
    Team,

    Friend of mine had a interview today about 20 min, seems like everything looks good.

    The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.

    After interview officer said she needs calrify the Lulac case and background check.

    I am wondering if anybody is in similar situation if so your advice will be very valuable.

    Thanks,

    M




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  • optimizer
    03-22 12:18 PM
    Thanks Sac-r-ten for your reply.
    If the labor and advt process is really only 6-8 months, then I might get lucky.




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  • venky321
    08-16 12:36 PM
    Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)

    From Murthy law firm.

    MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)




    ticktoe
    07-12 07:11 PM
    PROJECT MANAGERS:
    -Min 5 years of Functional and Technical experience.
    -Exp with Microsoft .Net OR JAVA Technology
    -Bachelors or Masters Degree is preffered.

    The above ad sent out by my company is very confusing to me. Please some one help me understand the ad.

    I have MS + 2.3 yrs of experience. 2.3 yrs is gained as Programmer analyst/software developer

    your ideas are helpful




    tjayant
    10-17 02:53 PM
    My school said I'm not eligible



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  • nirenjoshi
    07-06 02:00 PM
    Hello friends,


    wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....

    Did aanyone around June 15 -June 20th get any approval yet?

    My wife's EAD renewal receipt notice date is June 19th - close to yours. Also at TX.
    Lets keep each other informed on any developments.
    As per USCIS website, the processing time at TX service center is 3 months for EAD.
    I hope its sooner!




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  • bijualex29
    06-19 04:22 PM
    How much time we need to wait before we start campaigning for a separate bill like SKIL bill.

    I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
    Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
    I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.

    I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.

    As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
    John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
    But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.

    Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
    We can also include the University student at least can sigh the petition.
    Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.

    If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
    Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.




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  • rc123
    11-04 09:17 AM
    Hi All,

    I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

    1. Can I travel while my extension is pending?
    2. Can I raise a service request to speed up the processing?
    2. or Upgrading to PP is the only option?

    I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

    Please help...

    Thanks in advance
    Ritu




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  • tabletpc
    08-22 03:52 PM
    Anyone got a chance to read this...

    http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation



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  • bestia
    07-17 05:37 PM
    Can you change the ad? I think more correctly it would be if it sounded like:

    Bachelors degree + 5 years OR master's degree required.

    It would exactly fit and your description and EB2 requirements




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  • bigboy007
    11-01 11:46 AM
    bump ... any ideas please



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  • jliechty
    January 29th, 2005, 08:39 PM
    Much better. :)

    Your other one had better exposure also. And don't feel too bad about it - I struggle with proper highlight exposure on slide film all the time (/curses his lack of a spot meter). :(

    Received EAD card in Mail [Archive] - Immigration Voice

    View Full Version : Received EAD card in Mail





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  • PHANI_TAVVALA
    08-20 04:17 PM
    Your wife can start school pending H4 to F1 COS but you cannot change to F2 until her F1 is approved. It is much easier for you to apply F1-COS and simultaneously apply F2 for your wife but the caveat with this is your F1 might not be approved as USCIS expects you to maintain status until you get their decision which in this case you won't.



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  • gcformeornot
    06-16 03:07 PM
    ___________




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  • jchandra
    02-26 12:56 PM
    Dear sir/Madam;

    I have worked in my organization for over one year in the US and abrod in the subsidiary for one year. My organization is trying to apply for L-1A (managerial category) visa for me to come back to US again.

    How easy is to obtain L-1A through immigration lawyers?

    What forms do I need to submit for applying this visa

    Our company attorney does not provide complete information, therefore I would appreciate your help on the above.

    Thank you,
    John



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  • Abacus101
    05-12 01:30 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.




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  • milind70
    08-11 12:56 PM
    hello all,

    i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.

    i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.

    thanks
    -M:confused:
    mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.



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  • Stcuk
    10-31 07:02 AM
    Recently , a friend of mine who lost his job while on EAD had these questions.

    1. He has EAD and H1B both valid till 2010. What should he use to get a jbo, ead ot h1b, what are some of the good reasons to avoid using ead as ar as possible?

    2. Is he eligible for unemployment allowance.

    If there is any thread where these have been answered please direct me there. Thanks




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  • chanduv23
    11-02 12:38 PM
    Thanks. Basically we are trying our options and chances to see if it is possible to work towards a fellowship based on the current restrogressed scenerio. Would any of them have handled such scenerios, I guess Khanna's office would be best option ??? Stephen Perlitsh seems to have answers to all kinds of questions but he is difficult to access.

    Thanks for the guidance



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  • QuintonBermuda
    05-06 04:56 PM
    I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):

    Information for H-1B Visa holders
    H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the

    United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.

    One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.

    I-94 (Arrival/Departure Record)
    Form ETA - 9089 Alien Labor Certification Application
    I-140 Immigrant Petition for an Alien Worker
    Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status




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  • panky72
    06-24 03:23 AM
    Hello everyone,
    I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.

    I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.

    1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?

    2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.

    3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?

    Thanks in advance

    You can find some of the answers here.
    http://immigrationvoice.org/forum/showthread.php?t=19743



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  • milindss
    11-05 10:59 AM
    Thank you sir.




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  • suwsku
    04-05 05:35 PM
    What status are you in now ?

    I never entered the US in the first place.




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  • franklin
    05-01 07:45 PM
    It definitely sounds worth a call!

    btw EB3 is backlogged across the board in all categories




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    thakurrajiv
    09-17 12:16 PM
    This is interesting. Do you know more about the program ?
    The website has very little info. They want $75 fee to get started.
    Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?



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  • gcformeornot
    08-08 09:25 AM
    When USCIS will clear July 2nd load. RD generation will move faster till July17.

    Since most of the Company filers(not self or desi filers) did not file for their employees.

    This is including my company




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  • dassumi
    03-02 04:07 PM
    If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?

    Anyone?




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  • aguy
    07-27 03:14 PM
    Hi,

    There seems to be a lot of mixed information about F1-OPT and I-485.

    My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

    Can she apply for OPT?

    I will appreciate if someone can shed light on this.

    Thanks.




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  • anai
    06-14 09:46 AM
    It is absolutely feasible to do this on your own. After all you are well educated by definition of your H1B visa. The only thing you need from your employer is the letter of employment and you will need a public notary to notarize the affidavit of support.


    The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.


    We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.



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  • probe
    09-04 01:26 PM
    To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
    My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance




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  • desidas
    01-25 09:16 PM
    What would be fee for the old folks who filed I-485 in June?



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  • andavarv
    09-28 04:41 PM
    Thanks Kirupa for your immediate response.

    From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.

    Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.

    Thanks



    Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.

    The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx

    :)




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  • krishna.ahd
    04-26 09:01 PM
    Is there any law for disabled immigrant. I am 33 years old, and I am disabled, and I am here in US from 1998. I really want to settle down in one place, and it does not matter whether it is India or America but I think I have to make a choice right now, or my future will be a big question mark.
    I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.

    thanks
    I dont think there is any special provision for disabled as far as GC is concerned.
    Could you please elaboarte more.
    What is your status ?? How far you are in GC process like 140 applied /approved ??



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    04-18 11:37 PM
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  • perm2gc
    08-30 09:55 AM
    Hi folks,
    Does anybody know if there is a receipt for I-140?
    I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
    You attorney will have Receipt Number.You can email/call him..



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  • zCool
    04-23 12:21 PM
    You will qualify.
    Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
    I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
    Beware!




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  • ski_dude12
    06-22 12:25 PM
    bump...



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  • samrat_bhargava_vihari
    06-19 09:06 AM
    How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?

    AP valid :1 year from the issuance.
    Not sure , we filed on June 1st I will let you know once I get AP.




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  • grinch
    06-26 04:26 PM
    This should be moved to the Completed battle Subforum ;)
    Mods?



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  • letstalklc
    10-06 11:50 AM
    I dont think so, never heard of that....




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  • pappu
    12-18 10:55 AM
    It was during the busy time. However logiclife did speak in that event and meet with other invited people.



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  • sagar_nyc
    08-25 10:48 AM
    I think Canada is much better option . It's cheaper and convenient. I have heard many success stories of H1 stamping in Canada


    I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)

    - Can anyone share their experience at the Munich consulate?
    - or, should I plan going to Canada and trying rather taking the risk in Germany?

    thanks,




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  • sgupta33
    01-29 01:53 PM
    AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?

    Thanks!

    My understading is that you can not work internationally. This information is based on one of the attorney conference calls IV organized a few months ago.

    On another note, please contribute to IV's letter campaign - this is one way of helping yourself and increasing your options! It only takes a few minutes - sign your name to one of IV's template letters and stick a stamp on an envelope.

    Thanks.




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  • planets
    03-21 02:52 PM
    Every drop makes ocean




    deba
    08-22 12:09 PM
    No new PIO card is required unless 15 yrs is up. Get it endorsed with the new passport # on your PIO card from the embassy/consulate.




    natrajs
    09-01 06:05 PM
    AR -11 Helps and your attorney also will also get copy

    Don't worry