Friday, June 10, 2011

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  • njdude26
    07-03 09:52 AM
    Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.





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  • sathyaraj
    10-10 02:00 PM
    Get yourself fired from your current company & join your client. As it is not ur intent to move and you are foreced to move. You can explain this during naturalization. Also as it is the same job you dont need to worry..

    Good luck!!

    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.





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  • aranya
    01-15 10:40 AM
    Two things

    1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

    2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.





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  • s416504
    11-02 11:36 AM
    I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).

    I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.



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  • gcpool
    10-08 01:25 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Where did you get this information from? Can you please show a source?





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  • Sunx_2004
    10-04 10:32 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks



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  • senthil1
    06-28 01:14 PM
    Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.

    ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?





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  • shana04
    05-17 06:27 PM
    You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.

    She has the second I-94.

    I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents

    As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.

    Thanks for your reply.

    Shana



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  • needhelp!
    11-07 11:26 AM
    http://www.iitmaana-dc.org/images/Diwali_lamp.gif

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  • imind
    03-12 03:50 PM
    You can go to dice.com or any other jobportal and search for any IT job and you will see lot of jobs says:

    NO H1Bs....ONLY EAD/GC/CITIZENSIP .



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  • snathan
    08-05 12:06 AM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.

    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf





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  • tonyHK12
    11-07 10:00 AM
    Guys the person who wrote this article is a Democratic political consultant - in short political propaganda.
    I would like to hear views from someone who is neutral.
    If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.

    I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.

    I really want to see some concrete facts showing they oppose legal immigration.



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  • gcwatchdog
    10-18 01:58 PM
    No need to worry even if it's warning...
    I had a same situation with my wife FP yesterday.
    she got warning for 2 fingers........
    I asked FP officer why the warnings and does it cause any problems.then
    she replied nothing to worry it happens somtimes..
    then asked again do we need to comeback again for FP.....
    she replied no..not necessary unless and until FBI has any questions...





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  • eastindia
    01-07 01:44 PM
    Visa Bulletin is coming tomorrow. Just checked with Babaji.



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  • iwantmygcnow
    11-09 10:22 AM
    This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.





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  • vin13
    03-09 05:18 PM
    Hi,
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!

    As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.

    Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.



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  • waiting_4_gc
    03-29 11:35 PM
    I also got the same mail and I sent the letter to my company attorney who responded.
    Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

    EB3 Priority Date : Oct 2003
    EB2 Priority Date: Mar 2006
    I485 Filed - July 31,2007
    2 EAD's
    3 AP's
    I 485 Approval Notice email - 26 Mar 2010

    Thanks for responding to my query. Your case looks pretty much similar to mine but not sure if EB2 and EB3 were from same or different companies.

    How long did USCIS take to adjudicate your case after responding to the RFE?

    Thanks again!





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  • validIV
    04-27 03:12 PM
    Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

    Labour Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2008..
    My I-140 Approve date is Sep'24 2008

    My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..

    Don't see any reason why you would be denied. You will have to wait for the denial letter.





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  • GC_SUCK
    09-26 11:12 AM
    I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.

    Is anyone here works for Apple Inc.? Need some info. Please send me private message.

    Thanks





    Kitiara
    10-17 05:10 AM
    I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)





    singhsa3
    08-13 06:15 PM
    Good try though!
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?



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