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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.





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  • krishmunn
    02-03 12:01 PM
    If you have maintained all your communications with the old attorney, file a Legal Malpractice lawsuit against him. You can check yellow pages and contact a malpractice lawyer. Usually such cases are on contingency basis.
    It will not save your 485 but you can recover significant amount of money as compensation from that attorney.

    For your 485, check with your attorney if an appeal can be filed. I feel you have a strong ground since it was CIS fault.





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  • HRPRO
    02-03 01:44 PM
    where can we get the SOC codes?

    Thanks
    SHL

    On the BLS website





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  • diptam
    08-13 11:28 AM
    What makes you think in this Direction ?

    looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!



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  • amitjoey
    03-17 12:26 PM
    Ask your lawyer. I agree, be proactive and if there is a way you can send the results and file it with your case, do it. Any case medicals are valid for 12-18 months, so if an RFE comes, You can send them same ones again. Again, not sure if you can do this, ask your lawyer.





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  • aadimanav
    03-02 09:57 AM
    Source:
    http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm


    100,000 pros may return to India from US


    As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.

    The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.

    The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.

    Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.

    It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.

    "A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

    Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.

    "There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.

    Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.

    "With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.

    India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.

    The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.



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  • vbkris77
    04-29 10:01 AM
    Recapture and STEM can eliminate the existing backlog including PDs of 2009 EB3I within an year.

    But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.

    So lets just support this effort of IV unconditionally.

    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)





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  • lazycis
    01-10 08:26 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    The bad part of it in your case is that NC is still pending.

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

    So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

    http://en.wikibooks.org/wiki/FBI_name_check



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  • uimv
    03-13 09:13 AM
    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.





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  • gsc999
    07-15 04:42 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion



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  • loveiv
    07-08 03:14 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.
    Congratulations.
    One thing I did not understand is 'Urgent Please' in your thread heading.
    I don't see any urgency here, unless you added to draw everybody's attention.





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  • crystal
    08-16 05:14 PM
    ITIN is not meant for work. You cannot substitute ITIN for SSN. As I posted before you can apply for SSN and start working with out waiting for SSN.



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  • anu_t
    08-13 06:05 PM
    joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.





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  • dpp
    07-31 04:18 PM
    Hey everyone,

    I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?

    Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.



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  • amits
    12-18 10:38 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?





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  • la_guy
    01-10 06:47 PM
    Find the link below...

    http://numbersusa.com/interests/legislation_proposed110.html

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&


    I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.



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  • saimrathi
    07-11 02:55 PM
    I'm sure there may be a lot of immigrants in CA due to the IT sector..





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  • abhis0
    09-12 01:46 PM
    I did tell the first CS that it was more than 90 days and to the second I/O ,I mentioned that it was July 2nd.She asked me whether the checks were cashed and I said no. Then she asked for my full name , dob and ssn and gave me the receipts info. I/O was very patient and verified my address to make sure everything was right.
    The receipts start with LIN (Nebraska)

    Thanks tnite. Enjoy!!!

    I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....





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  • jlt007us
    09-14 02:42 PM
    jlt007us,

    Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.


    Soni-

    Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.





    sweet_jungle
    01-10 06:17 PM
    What do you mean by
    "Can an attorney force me to file AC-21 even if i dont want to?"

    Are you asking if the attorney would file the change of employment letter?

    Please clarify your question

    What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?





    stillhowlong
    01-19 05:55 PM
    As far as I know:
    if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.

    Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?



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