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  • pbojja
    02-09 04:09 PM
    Hi,
    I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.

    I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.

    Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
    Thanks.

    I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.




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  • deecha
    06-17 12:49 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..




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  • mmanurker
    10-17 03:36 PM
    Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)

    also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings

    Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.




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  • somegchuh
    10-27 11:36 AM
    My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.



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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.

    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.




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  • gandalf_gray
    06-02 11:18 AM
    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status


    Surabi. thanks a lot. gave a good insight. will contact an attorney.
    but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
    So even if I apply for L1 extn, I dont know which might get approved first !! .
    does that change anything ?



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  • MunnaBhai
    08-10 05:07 PM
    This dude will never reply back. I am sure




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  • JunRN
    11-05 12:32 PM
    The good thing though, if your PD becomes current and you file AOS for them, they will follow your PD and will be approved along with your case. Meaning, your wife will always be in queu with you and overtake those with later PD.

    The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.

    Worse is if they have to go back to your home country and wait from there.



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  • indianabacklog
    07-31 12:28 PM
    This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
    You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.




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  • gsc999
    06-08 05:41 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
    --
    The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?

    Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D



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  • ups
    01-04 01:43 PM
    I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.




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  • a_yaja
    07-18 11:02 AM
    what is your country of birth? I know dates never went current to sep'08 for india...

    His priority date was May 2004 - not Sept. 2008. He kept his original priority date.



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  • vxg
    08-31 11:52 AM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

    I am like you, filed in Aug 2007, did first FP in Nov 2007 no second FP notice yet. I checked with my lawyer and several forums and response i got was that FP expires in 15 months and generally USCIS issues second FP notice when they are very close to approving your case. I called TSC and got a nice IO who told me that my FP did expire and he is issuing a request to send me FP notice and i should get one in 30 days. Not sure how it will go but i have heard that IO can approve your case even if FP expired and request FP after approval but before cards are sent.




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  • gc_on_demand
    04-07 07:22 AM
    Any IV member got so far ?



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  • tonyHK12
    01-21 09:41 AM
    Read this link from Murthy.com:

    MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)

    " At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad. "

    pretty tough having to do it in the holiday season. The article says its an attempt to tighten the screws on fraudulent partices in H1b.




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  • parablergh
    09-02 04:13 PM
    The officer is incorrect. The H-1B visa stamp only allows for reentry into the U.S. from abroad, it does not control your status. You can either go back and explain that the I-94 card attached to the approval notice isn't the most recent, and therefore isn't your current expiration or follow one of the other options presented above.



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  • kartikiran
    12-03 02:40 PM
    Here is what I am going through.
    On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.

    I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.

    Please take this as a lesson and have the AP applied ASAP.


    I understand how tough it is to go through what you are going through. I know how it feels when a parent passes away and we are miles away from them.

    I wish you had got your document before. But try calling the congressman/woman for more help on this. I understand the time has passed when your presence was desperately needed, but you still can visit home and be that pillar of support or a shoulder to cry on for your family members.

    Take Care.




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  • nixstor
    06-28 02:57 PM
    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.

    dpp,

    I dont know why its wrong for you. sounds very logical to me. Dont bring in the discussion of unnecessary current employment verification. The letter has to state that the employer is willing to hire him as a future employee. NOT RIGHT NOW. So the title has to be the title stated in the PERM/Labor Cert




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  • gcwait2007
    12-06 06:43 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.




    rajev_kk
    07-14 11:17 PM
    Thanks for the information.




    mmanurker
    08-06 11:29 AM
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.


    I am also in the same boat. Mine is also not a labor substitution and my lawyer never recieved the original hardcopy of the labor. So he said we cannot file for I-140 premium processing and my 140 application is pending since March'2007. My labor PD is Dec'2003 got approved from Dallas BEC in Dec'2006.



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