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  • kewlchap
    04-06 01:15 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.




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  • pappu
    07-31 02:27 PM
    Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
    They will have to put just one warning.
    "Beware: Once you start the ride....
    Only luckiest of you will be able to get out safely.
    Most of you will be on this ride which has an endless loop.
    Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

    And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
    "

    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.




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  • virginia_desi
    05-15 11:12 AM
    I agree that we need to add a poll on how many are already waiting for adjudication in I-485. This will give a better understanding of visa dates will move going forward. I am sure state dept doesn't expect people applying in June to get their GC anytime before 2008.




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  • h1b_tristate
    07-27 08:02 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks



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  • needhelp!
    12-31 12:15 PM
    This year is going to be a memorable one.




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  • SunnySurya
    08-03 08:32 PM
    Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.



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  • syedajmal
    07-28 09:40 AM
    I just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

    1, I get laid off from my company before the Approval of my I-140

    2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

    At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

    Thanks in advance for your replies.




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  • gc28262
    12-19 12:03 PM
    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

    Practice what you preach.
    BTW myself and majority of members on this forum hasn't replaced any American worker.



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  • mariusp
    12-20 10:08 PM
    There is no scam. At least from what you describe...
    I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.

    Assuming that he files as single with no dependents, that means:
    (http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)

    Tax brackets are:
    $0 - $7,300 tax is 10% ---> he pays $730$
    7,300 - 29,700 tax is 15% ---> he pays $3,360
    29,700 - 71,950 tax is 25% ---> he pays $10,562
    71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854

    -------------------------------------------------
    You add all those up and the total amount in tax he owes is $22506 / year

    Okay, now subract this amount from 100k and you get: 77494 / 12 months
    = 6457 per month

    Now you need to pay social security and medicare:
    Social Security about $500
    Medicare about $120

    You get: $5800 in hand

    Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.

    In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?




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  • dtekkedil
    07-02 05:20 PM
    Hello Folks,

    We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

    We should call the new organizations and let them know... make sure that they cover this fisco!

    But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!

    I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!


    So, if people are interested... let us start a send a flower a day campaign!



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  • dba9ioracle
    09-15 03:10 PM
    Nice idea.. I am for it.




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  • varshadas
    09-14 04:37 PM
    I was really glad to hear the IV ad and also Jay's interview. Many people in New Jersey listen to this station so, lets hope that a lot of people got this message.

    Thanks
    Varsha



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  • raysaikat
    01-23 12:13 AM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

    Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.

    Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!




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  • cool_desi_gc
    11-15 07:32 AM
    My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.



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  • ramaonline
    07-15 02:10 PM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.




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  • jonty_11
    02-08 02:13 PM
    I think u should talk to new lawyer abt retaining application and pursuing on the the one with Co X....even though it was acquired. by Y....as long as ur location did not change. If u had a clause stating that ur Job is relocatable u should even be able to retain Co X;s application even though u moved after teh aqisition



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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.




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  • snowcatcher
    05-22 08:02 AM
    I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.

    http://www.nfap.com/researchactivities/articles/Testimony033006.pdf




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  • ash12
    07-27 02:11 PM
    Related to the questions on this thread.

    What happens when:
    AOS has been filed and it is more than 180 days AND
    dependent has started working on EAD AND
    primary applicant loses job

    Case 1: primary applicant is also on EAD
    Case 2: primary applicant continues on H1 without using EAD

    Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

    thanks!




    satya1234
    03-29 01:05 PM
    Thanks for the reply. Yes H1 extension has been applied before I94 expires.
    But by the time H1 transfer applies, I94 got expired.
    Please let me know if you need any futher information.




    gcdreamer05
    11-03 10:15 AM
    I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

    An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

    --Parag


    Hi, never heard of the lifetime cap of 12 years of h1b, can you please provide any link or any info about this ?



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