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  • wandmaker
    11-27 07:17 PM
    how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?

    If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.




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  • martinvisalaw
    06-12 04:40 PM
    You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.

    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.




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  • eb3_nepa
    02-12 10:46 AM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks




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  • achu
    07-23 11:23 AM
    What is the expected OS? Is it windows? Is it free?



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  • calgirl
    09-16 01:24 PM
    NC initiates a litte after 485 is filed..
    Fingerprinting hs nothing to do with NC.

    MY FP was done in June 2008.
    485 filed July 2007.
    NC initiated Sept 2007.




    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?




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  • sam2006
    09-17 05:05 PM
    nice job chandu garu
    keep it up :)



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  • kumsoft
    08-20 07:51 PM
    i am july 2nd filer with PD Sept 2005.
    I-140 approved in March 2006




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  • mpillai
    05-08 09:40 PM
    Many qualified for EB1 need not necessarily be already in EB1.
    Possible reasons are:
    1. Unawareness at the time of filing (just followed what attorney said).
    2. Was not in a hurry for GC, so just followed attorney.
    3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
    4. The job requirement at that time didn't need an EB1-qualification.

    You will be surprised to see how many PhD and MS candidates and researchers are in EB3.

    just wondering
    How gaining so much experience or education is possible in such a short amount of time?
    No , I'm not jelous or anything. Please don't misunderstand.
    EB1 requires very high education. Right?
    just wondering. I 'm ready to work hard. Just need direction?
    How people do it. Do they take a MBA/PHD?
    Thanks



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  • mbartosik
    01-30 08:41 PM
    Yes this looks bad, and what we're trying to do with MI will be stomped on to a large extent by this.

    The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
    Also licenses to be marked as temporary.




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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think



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  • shana04
    01-26 11:31 AM
    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.

    I have changed twice since I filed my 485 and getting all my documents to the new address.

    1. first fill in AR-11
    2. then the system will ask if there are any other related pending cases, then you need to specify one after other pending cases. Make sure to take the screen shots for all your confirmations right from AR11. In case you need it.
    3. If you call customer service they are not helpful in this regard. But if there is any major problem ( I mean your FP not done or any document which you need to receive have not received yet) then you reach level II customer service IO then they can verify your address.

    So far I did not had any problem with two times address change.

    But make sure to update your state ID, so that in case you go for infopass, you have updated ID.

    Hope this information is helpful. And I did every thing online.

    Good luck




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  • sanju
    02-06 10:28 AM
    We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
    my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...

    Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...

    I am hoping this is only normal, and there are others out there in the same boat as mine...
    Am I wrong in assuming so? Let me know if there is anything I should do?

    pal :)


    Hi pal,

    Two things -

    a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.

    b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
    i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
    ii.) You have not recd FP notice, is that ok?

    I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.

    Hope this is helpful!

    .



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  • gk_2000
    08-16 07:12 PM
    EAD??? HAH!! Dream on...

    The 485 wouldn't even be applied for then how EAD would be possible

    Actually all these steps seem meaningless. They should give GC to those who want and are eligible. Period




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  • ayaskant
    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.



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  • moclutch
    09-30 04:22 AM
    There was no move for Nebraska I-140 EB3 category.




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  • katrina
    01-24 12:25 PM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks

    On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.

    http://www.usvisahelp.com/art_consprocess.html


    Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.

    go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
    find the statement that can back your case.

    Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.

    Hope this help :) good luck



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  • roseball
    10-08 10:38 AM
    Thanks Pappu for posting this.

    This is the best article I read with the words "Lou Dobbs" in it.




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  • a_yaja
    02-26 11:40 AM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks

    Nozerd,
    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.




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  • pbojja
    01-08 10:41 AM
    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime

    I understand this is your first post but..This question looks more demanding than a request for suggestion ...




    dealsnet
    10-22 09:18 AM
    Now I have seen many people filed on June 2007 get GC approvals. Now onwards their number is keep on increasing. Please put your details on this thread to see the trend. I think all Jun 2007 filers will get GC for the 2008 quota. Provided their I-140 is approved and NC is cleared.
    My details
    EB2 India
    PD-2004 JAN 11
    I-140 Aug 2nd 2007 approved
    RD June 22nd
    FP Aug 21 2007
    AP & EAD approved

    NSC




    copsmart
    10-09 10:26 AM
    I haven't tried visitor/business visa, but I got a transit visa for Germany once with an expired H1B stamping in passport. I got that visa from German Counsulate in Boston, MA.

    Hope this helps!