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  • nashdel
    04-09 08:10 PM
    In my non professional opinion if your wife I 140 is approved then you should have a very low risk for any problem. If I 140 is not approved then you are taking a little more risk. If 140 is rejected, your EAD work might be invalid.

    good Luck




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  • ca_immigrant
    07-25 08:12 PM
    thanks akred !

    would you happen to know the approx cost for $1000 ?

    or do they have this on thier website or so, I will try to search....


    =========

    (I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
    Thanks Again !
    and more over a national bank,,, feel good when I think of using SBI instead of ICICI

    now have to check if I can transfer money to my icici account using this serivce from SBI.




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  • paskal
    06-18 07:06 PM
    please please stop reading the old bill

    the new one is on the iv home page

    or in thomas look at sa.1150 under the s.1358 bill




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  • sr123
    02-15 10:43 AM
    There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.

    I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows

    1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
    2. Anyone can post answers to existing threads.

    By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.



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  • smartboy75
    06-21 02:02 AM
    IN the same context, how about EAD.

    If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...

    I guess what I want to ask is that is EAD linked to PD date ?




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  • Waitingnvain
    08-04 03:36 PM
    I believe one will be eligible for SS after attaining 40 credits. There is no residency requirement. WRT 401K, you might ending up paying a penalty of 10% in addition to 30% tax.



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  • pappu
    08-20 05:08 PM
    Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.




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  • meridiani.planum
    02-28 03:46 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.

    B. yes, new company can start another PERM

    C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.



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  • mpadapa
    03-24 01:31 PM
    Excellent Job, Mark.
    U'r response was crisp. Thanks to caller Andy for clarifying few things




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  • wandmaker
    02-18 03:25 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.

    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.



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  • waitin_toolong
    10-01 02:34 PM
    because these were actually approved and assigned a number when the dates were current, they just got around to mailing the approvals now.




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  • LostInGCProcess
    08-25 12:33 PM
    >> even if she gets a 221(g) at the consulate can she return to US with the AP she has?

    Yes. But she may need to use EAD in that case. Please check with your lawyer.

    _________________
    Not a legal advise.

    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.



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  • chapper
    11-11 03:29 PM
    http://img216.imageshack.us/img216/338/workinprogress2xj2.th.jpg (http://img216.imageshack.us/my.php?image=workinprogress2xj2.jpg)




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  • shishya
    09-27 12:43 AM
    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya



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  • GCwaitforever
    08-15 11:39 AM
    08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?

    * We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.

    This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.

    "The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."




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  • pawnrule
    01-15 01:00 PM
    Hi,

    I am in a similair situation where I have a US masters degress and 6+ years experience here. It seems like a complete waste of time to take the IELTS, after going through TOEFL and GRE to get admitted to a US university.

    In any case, I plan on taking the test. I have a couple of questions regarding the test.
    1. Which module should we take. Academic or General Training. It appears General Training is appropriate for immigration.

    2. The scores have to be sent to a person and institution. Is this just the Buffalo office with the case number? Do we have to address it to a specific officer?

    Thanks in advance for any responses.



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  • satyasaich
    01-31 12:51 PM
    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna

    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.
    My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said



    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)




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  • stemcell
    09-27 12:18 PM
    Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.

    Appreciate your advise of caution, will definitely keep that in mind.

    Thanks!

    Any tips as to how you pick a stock would be welcome.
    Mostly for day trading do you do any technical analysis or is it mostly intuition?
    BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.




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  • GC_2007
    12-22 12:05 PM
    Your new employer has to start GC from scratch, but you can retain your old PD if your I140 is approved.




    ambals03
    01-11 11:24 AM
    http://www.gpo.gov/fdsys/pkg/BILLS-112hr43ih/pdf/BILLS-112hr43ih.pdf




    pappu
    01-20 10:53 PM
    Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????
    yes this will definately help us get many members and help strengthen the organization.
    if you are interested in making this effort to contact all US universitiy international grads, contact me.



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