jueves, 30 de junio de 2011

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  • kirupa
    11-07 12:39 PM
    I certainly can write about this, and I may do so in the future. Were you able to get your question resolved? :)

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  • glus
    01-20 07:56 PM
    Has anyone been able to call USCIS premium processing toll free number today and talk to an Officer. I have been unable to get to an Officer today but was able to talk before. I am wondering whether there is a limit on how many times you can call(I have called 3 times so far in 10 days) or if you can't call after so many days have passed after your application is approved.

    I have been contacting to get my priority date corrected on I-140 approval. Please respond if anyone has information

    You cannot fix a priority date error through a phone! This is a serious thing and would need to be corrected through a letter from an attorney or something like that.


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  • raysaikat
    05-17 03:27 PM
    Can someone employed on a H1B visa do small private/independent consulting on the side in the same field of work? Or can he/she get paid as a private consultant in his/her home country while on H1B visa in the US?

    As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...

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  • gcmaker
    03-26 10:05 PM
    I don't think that would work. Here are a couple of articles that seem to suggest that you cannot create your company on H-1B (http://www.laborimmigration.com/2008/01/starting-own-company-on-h-1b-visa/) and also that you cannot volunteer to do a job which would otherwise by a paying job (http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/)

    Hope that helps.

    As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)


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  • jattu1980
    04-27 06:21 PM

    My original H1B visa was issued to me on Oct 1st, 2010 and is valid till Sep 30th 2010.

    I got a new job in 2009 and they applied for my H1 transfer. It was approved and the new dates on the new I797 are 10/01/2009 till 09/17/2012. I went to India after that and when I returned, I got a new I-94 off course which was stamped to be valid until Sep 30th 2010.

    Now I am nearing the end of my original H1B visa issued by my previous employer and stamped on my passport this coming October. I am also planning to go to India in this coming June. Will I will have to get my visa renewal stamping done this time if I go to India? Will I need a new H1B stamp on my passport from my new employer on my passport to come back?

    I really appreciate any words of wisdom from all you learned people on this forum. Thanks in advance!

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  • jilh
    07-29 07:23 PM
    We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.

    We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?

    This scientist is very important to our company. What shoul we do to let INS reconsider this decision?

    Thanks for your help.


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  • Appu
    10-05 06:00 PM
    Could you all please give me an opinion on this situation? I am trying to ask my lawyer, but I won't know for a few days and this is disturbing me a lot!

    I am on H1, 7th year extension. My Labor just got approved. About to file 140. Now my project has apparently lost funding and the employer is offering me a temp job for 6 months till my 140 gets approved so I can use the approved 140 and move. But the catch is the new job requires a new H1 - different job description and pay. Will this affect my 140 filed with the old H1?

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  • harry31
    05-21 09:19 AM

    My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B

    We will need to Travel to Canada for Immigrant Landing formalities after we get PR.

    How can we enter back in US so that my AOS and her H1B Status is not affected?



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  • vkishore123
    07-19 09:36 PM
    I have filed for green card for my mother (all the required forms like I-130, I-485). My mom has an interview for the 29th of July. But unfortunately, due to her mom's demise and other family obligation like taking care of my dad she will not be able to come. Infact, she is not sure when she can come back. My question(s):
    1) Can I withdraw my application for her green card (I-485, particularly)? So that I can file at a later date when things are in order.
    2) If not, can I get postponement on the interview? and how far can we postpone it?

    The questions arise because if we don't show up for the green card interview it is considered abandonment of the process, and can make it difficult (or maybe impossible) to get a green card in the future. If it wasn't for the family situation she would have been happy to be here.

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  • ComingToUS
    05-16 04:16 PM
    I'm coming to the US for the first time on H1B. Do I need a one way or a return ticket? My travel agent told me that since I have a multiple entry visa (expiring on Oct 2011) a return ticket is not required unless I need to travel back home within one year. Could someone with knowledge about this issue help me out. I would really appreciate a reply from someone who recently landed in the US on H1B.



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  • h1bh1bus
    01-04 11:07 AM
    Hi Guys

    I was working with a company on H1b and i left to india for a vacation on aug 13 . got stuck in india due to some personal reasons.
    I got paid till aug 30 as i had leave sanctioned till aug 30.
    came back to US on dec 30.
    Didnt get paid for the month of sept oct nov dec.
    But i was never out of status as I was in india.
    now can i apply for a h1b trasnfer as i m getting a job with a very good company with good salary.
    i have paystubs till aug 30 2009. never out of status .


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  • sadshaq12
    11-18 05:52 PM
    I believe what you need to show is the company's P&L statement with revenue statement, and not just $7000 in profit. if the company has a revenue of $1mil or more, it should be fine, if less then it needs to show how many employees it had and what profit or loss it made....it should be at least $1.0 profit, rather than a loss.

    I know company need to show profit and loss
    my question was company net income is not enough to meet proffered wages
    but if we look at the company NET CURRENT assit from schedule L in tax return
    and then pro rate the wage for 7 month ( because company file the LC in JUne)
    then company meet the ability to pay


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  • atiq4
    10-07 04:35 PM
    First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.

    Question: Can I port my PD from the first Labor application date now.

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  • amulchandra
    02-05 11:11 PM
    thank you very much for your immediate response. Green card is being taken care by my husband's company. So right now I am not thinking about it.



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  • raysaikat
    08-24 01:35 AM
    There are two types of "scholarships": (i) taxable, and (ii) non-taxable. If the scholarship is non-taxable, which implies that it requires no work to "earn" it and it is not used for room-and-board and other living expenses, then you may be able to have that even while on H4.

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  • happydude9
    01-23 12:41 PM
    Hi All,

    I am in a strange situation. I was on H1 and applied for H1 extension, I also applied for F1 and got approved for that. Once I received my F1 approval I told my employer to cancel the processing of H1.

    Now my employer says that the H1 was approved. Now which status I am in is the main problem. Can I find out which status I am in by any means? what happens if my employer cancels the H1 will i be on F1 or is my F1 no more valid? please can someone help me as I need to take a decision immediately.


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  • gcpower1
    01-27 07:11 PM
    you are breave enough to fight 221g....

    Welcome to USA after looking all this mass you still want to came to USA....

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  • sheela
    08-11 12:59 PM
    I have a 16 year old should I sign his immigration forms or must he?
    my attorney asked me to sign

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  • coolfun
    01-28 07:47 PM

    I applied for my first EAD in May 2007 and had FP done in June 2007. I am now applying for my EAD renewal. Will there be another FP for the renewal?

    This is really urgent as I am traveling to India in April for a month and I don't want to miss the FP appointment. Please let me know if you have info on this?


    07-20 07:03 PM

    According to this Aug 1st will be current for receipt notices ?
    I am not sure if it includes all 485's filed on July 2 to July 20 ?

    09-07 02:23 PM
    I just went to Mumbai for H1 stamping and my previous visa on the passport had expired in 2006. So even if you are going for H1 stamping but your visa on the passport has been expired for more than 12 months...then you have to answer NO for this question.

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