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  • krishnam70
    03-05 12:00 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    This might be an Attorney question

    1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
    2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
    3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
    4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.

    On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.

    - cheers
    kris





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  • gc_check
    02-13 04:34 PM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,

    What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.





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  • Blog Feeds
    06-03 03:40 PM
    WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:


    been granted Temporary Protected Status (TPS);
    a pending application for adjustment of status to lawful permanent resident;
    a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    a pending asylum application; or
    a pending application for legalization.*
    To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.

    Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*

    Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.

    Note:
    Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*

    Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*

    Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?

    Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

    Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.



    More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)





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  • vdlrao
    05-11 04:35 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers

    EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.


    Believe me, stopping EB1C fraud directly helps EB3 India.

    .



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  • Canadianindian
    07-06 11:25 AM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
    Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it

    This is what I asked:

    Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.

    What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)





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  • srkamath
    07-18 05:18 PM
    such mistakes are not uncommon, i have seen instances in the past where they will accept corrections if you write a letter with a clear explanation. A note of caution when i called USCIS in the past to inquire about sending corrections, they cautioned me to wait until i have a receipt, they said, otherwise the stuff may get lost in mail and will be un-traceable.
    Don't worry too much - it is usually correctable.



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  • senthil1
    05-31 10:52 PM
    CTS is doing gc by EB1 for some people by L1A

    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing





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  • abdulazeez77
    08-11 11:17 AM
    Thanks so much for your message. Let me list down what I have after the visa transfer to my current employer. Can you pls. help validate if I need anything else for me and my wife? You had mentioned something about I-539. This is what I have.

    1. I-797A notice of action in my name. It says Case type - I129 Petition for non-immigrant worker. It says approval notice valid from 12/27/2006 to 12/25/2009.

    2. I-797, notice of action in my wife's name. . It says Case type - I539 Application to extend / change nonimmigrant status. It says approval notice valid from 12/02/2007 to 12/25/2009.

    Would appreciate very much if someone could help validate.



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  • immiusa
    09-16 07:56 PM
    Hello gurus,

    What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses





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  • cygent
    07-03 07:24 PM
    I wanted to share this with all of you. This is my attorney & friends (who is American) thoughtful response to a thread below :-

    ************************************************** *********

    Donna:

    What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
    system

    MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
    THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
    HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!

    MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
    THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
    HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
    HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
    IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!

    GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
    AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
    THE BENEFITS THEY HAVE EARNED.

    DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
    IMMIGRANT ANY SOCIAL SECURITY?!!????

    NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
    GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
    TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
    BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!

    EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
    SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
    US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
    - IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
    SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
    THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
    HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
    KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
    PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
    BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
    BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
    WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.

    WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!

    LIGHTEN UP AND LEARN THE REAL FACTS.

    ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
    LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
    HARD?? HE..- NO!!!!!

    PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
    EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.

    THANK YOU, DONNA.

    xoxoxo

    ----- Original Message -----
    From: Donna xoxoxo
    To: xoxoxo@yahoo.com
    Sent: 7/2/2009 5:16:27 PM
    Subject: Social Security Insult

    This is an insult and a kick in the butt to all of us...
    Get mad and pass it on - I don't know how, but maybe some good
    will come of this travesty.

    If the immigrant is over 65, they can apply for SSI and Medicaid and get
    more than a woman on Social Security, who worked from 1944 until 2004.
    She is only getting $791 per month because she was born in 1924 and
    there's a 'catch 22'.

    It is interesting that the federal government provides a single refugee
    with a monthly allowance of $1,890. Each can also obtain an
    additional $580 in social assistance, for a total of $2,470 a month.

    This compares to a single pensioner, who after contributing to
    the growth and development of America for 40 to 50 years, can only
    receive a monthly maximum of $1,012 in old age pension and
    Guaranteed Income Supplement.

    Maybe our pensioners should apply as refugees!

    Consider sending this to all your American friends, so we can all be
    ticked off and maybe get the refugees cut back to $1,012 and the
    pensioners up to $2,470. Then we can enjoy some of the money we were
    forced to submit to the Government over the last 40 or 50 or 60 years.

    Please forward to every American to expose what our elected politicians
    have been doing over the past 11 years - to the over-taxed American.

    SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW



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  • MDix
    02-04 09:05 PM
    http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/applications-for-benefits-2009-december.pdf





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  • sbeyyala
    06-23 06:11 PM
    Hi,

    I e-mailed to jay@immigrationvoice.org, I am from Orange county.



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  • bmeduru11
    11-09 06:02 AM
    Hi all,
    Recently I recieved a RFE on ability to pay regarding my I-140.
    I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
    Please suggest me any options that I can do





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  • vvicky72
    09-09 03:53 PM
    http://www.h1bfraud.com



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  • amsgc
    09-10 12:27 AM
    It takes 15 calendar days. You should hear something from USCIS next week.
    Good luck!

    I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them





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  • pappu
    01-25 04:03 PM
    I do not see this issue on my IE.
    Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.

    Thanks for the help



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  • kirupa
    01-23 04:28 PM
    Hey anyway!
    The icons can all be found here: C:\Program Files (x86)\Microsoft SDKs\Windows Phone\v7.0\Icons

    You can just drag and drop the icon you want into Blend or explicitly add it via the Projects panel :)

    Your question on connecting to an XML data source is interesting because there are several ways of doing this. One approach is by using Linq and just parsing the output.

    Here is an example of that: http://blog.kirupa.com/?p=144

    Let me know if this helps you get started or if you have further questions :megaman:

    Cheers,
    Kirupa :look:


    I wanted to see if I can write a simple application that uses a dictionary API to query a server somewhere (if I said that right). I have some ideas for a few more difficult apps so I wanted to start with this simple one.

    I�m mostly using Expression Blend to create these apps.

    The first thing I would like to know is:
    * How do I use a wp7 icon (from the icon pack) as a clickable button? I have an input search TextBox, but instead of using a simple button control (for the click event) I would like to use the magnifying glass icon as the search button --something similar to how Bing (on WP7) uses the mic in the search box. How can I accomplish this?

    53074

    The second thing I would like to know is:
    * How is an API use in app? I found a few APIs/ RSS feeds and XML data sources that I would like to utilize in my future apps, but I�m not sure how to implement them.
    EXAMPLE: http://api.somewebsite.xxx/xsomething=item1&sip=somethingelse. I�ve read some about URI. What is this?

    So basically, I would like to create an app that goes out to a server somewhere and fetch information based on a user�s keyword input and click event.

    Please help!!!

    - Learning developer





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  • nmdial
    02-21 02:52 PM
    I'll be applying for my wife's and my visa stamping and therefore did some research on this issue myself. I believe that we'll need to print out DS-160 as well and take it to the consulate, the same way we did with previous forms. We can, therefore, write our names (or whoever is the applicant) in our native language on it.





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  • mrane1
    09-06 01:50 PM
    Same thing happened to me... My wife received her notice first... I didnt receive it for almost 2 weeks after her... called USCIS... IO told me a FP was not issued for me at all, and I have to wait 30 days to receive it :mad:... checked my mail box the same day it was there!:D





    austingc
    07-31 11:26 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
    Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.

    Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.

    If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!





    number30
    03-27 04:08 PM
    I dont understand.
    Why is it limited to 5%?

    If you have more then 5% equity in the business you will go the inverstor category EB5. So green card is not approvable in EB1, EB2 or EB3