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Saturday, July 2, 2011

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  • gc_chahiye
    07-26 10:56 AM
    this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?

    With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).





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  • OPT331
    02-26 05:09 PM
    Hello,This is my first time here.
    I am graduated F-1 students and now working in my OPT period
    OPT valid 4/1/2008-3/31/2009.

    I am gonna send application for H-1b on 4/1/2009.
    If H-1b approved in April or May 2009.

    My Questions are:
    Can i work and stay in US during 4/1/2009-5/31 ?
    ( what is my status,OPT expired on 3/31/2009,H-1B not approved)

    Can i work and stay in US druing 6/1/2009-10/1/2009
    (What is my status?)

    Thank you !





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  • HRPRO
    01-25 06:29 AM
    As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.





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  • malepati
    09-14 05:50 AM
    My OPT started on July 12th, 2006 and I did not apply for my H1-B last year because the advanced degree cap quota was reached even before I got my job. Now, my OPT expired on July11th, 2007. My attorney suggested me to use the 60 days grace period to stay in U.S and get my H1-B Visa stamped in Chennai, India (Because, the 60 days grace period will get over by September 11th, 2007 and there is 19 days gap before my H1-B starts). In the H1-B approval notice it is clearly mentioned that I would attend the Chennai consulate for my stamping. The problem is that, I am not able to find available dates in Chennai consulate for H1-B stamping. Can I attend Delhi or Mumbai consulates? Please suggest me a way to come out of this situation.



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  • radhay
    01-09 09:34 AM
    You will be called for interview at your local USCIS office in 6-12 weeks. Nothing to worry. Check this http://www..com/discussion-forums/i485-1/4343221/





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  • franklin
    08-28 08:31 PM
    what to do after attending the rally?:D

    Along with all the others who couldn't be bothered to come to the rally, you will shower those that made the effort with extraordinary amounts of praise and adoration for making a personal sacrifice to change other people's lives :D



    ...and then wait...



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  • India_USA
    07-28 08:23 AM
    so many complications, so many rules to know - we might as well be immigration attorneys!! we (or at least some of us) pretty much know more about the INS and immigration laws than the average immigration attorney :D





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  • itkris
    12-08 03:50 PM
    There's more important issue going on - read the forum and call senator's first !!
    I wish you could answer my question.



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  • samuel5028
    04-18 02:50 AM
    If you feel, your CV is strong then no need to worry. Maybe you can ask attroney about how they charge money.





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  • pani_6
    11-11 12:33 PM
    With the elections changing the senators..we have to contact the new senators to pass our bills..so we need to write to new and important senators to pass the Bills...I was wondering if anybody had a list of new senators and thier addresses so that we would write a letter...sign in by hand and post...I have allways seen that sending sending Fedex is better that sending 37 cents stamped letter...but at least we should send in the 37cent letter..

    Our activism will save us from this being taken up after the 2008 election!!.

    The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...

    We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!



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  • Blog Feeds
    06-22 05:50 PM
    USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 �Regular� cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

    As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.







    More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)





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  • kshitijnt
    01-22 03:37 PM
    Hi Ravi - My wife also got 221(g) while stamping in Mumbai. It looks like they are issuing it to all people with AP. Yesterday we entered US back using AP and did not inform the consulate. If the consulate clears 221(g), you can use it anytime upto next 1 yr. Since you have already paid them the money, why you want to say NO thanks so soon? You can enter US using AP and later inform the consulate or not inform them at all. does it make a difference? Who knows you might have to travel to India and may want to try your luck one more time.



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  • dj.techo
    04-04 07:28 PM
    Hi All,

    Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?

    Questions we have..

    1. Can I become parnter easily once my status got changed from EAD to GC?
    2. Once my wife start LLC, can she work for another company e.g. Software consulting?
    3. What would be tax bracket for my owner of LLC?
    Thanks,
    dj





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  • myonlineid
    01-07 03:36 PM
    I came back from India in Dec 1st week and my POE was NY. They took me inside and didn't ask any Q's. They verified and stamped on I-94.



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  • gcwaiting17
    09-28 01:03 PM
    Sent applications to NSC on 6/29 but receipted by CSC on 8/28. Later it was transfered to NSC back. No FP notice yet. But 2 LUDs on I-485, 9/19 and 9/20. EAD and AP are approved from CSC.
    __________________
    EB2-India
    PD: July 2003
    I-140 APPROVED: Feb 2007
    Service Center: NSC
    485/EAD/AP Filed: June 29 2007
    Receipt Date:08/28/2007 from CSC
    Transferred to NSC
    EAD Approved: 09/07/2007 at CSC
    AP Approved: 09/13/2007 at CSC
    I-485: LUD 09/20/2007





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  • sachya
    08-19 05:30 PM
    Thanks all for your responses.

    He got his passport with a stamped Visa y'day.

    The long wait has finally paid off.



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  • redgreen
    11-17 12:01 PM
    To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.

    Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.





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  • priti8888
    08-02 11:56 AM
    My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...

    All this is an issue only if you get an RFE.

    There is always a risk though





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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.





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    06-22 10:11 AM
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    IV2007
    12-07 10:52 AM
    Hi guys,

    Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.

    Or should we wait until the processing dates cross our reciept dates ?

    Anyone who did this successfully, pls enlighten the members.



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