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  • guys,
    I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

    I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...





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  • Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.





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  • I pledge to contribute $200 once I get the receipt notice





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  • in a round about way, I'm a deadhead went to 23 shows in 16 months, backstage for 19 of them, kinda hard not to be at that point...

    ::crosses legs, goes into meditative state::

    and yes, that was my first attempt at freehand drawing (albeit on sugar), and when I had my artistic epiphany... :P

    Rev:elderly:





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  • Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congrats!!!!:cool:

    I remember you because you created the "June 1st filers - receipt " thread.

    I hope many approvals come soon.

    I would appreciate detailed signature will help us.





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  • Is is possible to file for a new H1 once you start using EAD/pending 485? My lawyer says there might be a problem...awaiting more details.





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  • UK requires an advance parole while coming back to the US. We recently travelled to India on an expired H1 and H4 visa (I have H1 extention approved but the passport has the old expired visa) via London. We did not had any issues. But while coming back we were re-routed to Frankfurt as we did not had the transit visa.

    I recommend going via Frankfurt. You can double check the transit visa requirements with German Embassy as well.





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  • EB3, PD = Apr 2003


    by the way on - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
    sort by PD is sorting on alphabet of the month rather than year...so to get all the EB3 in 03 you may have to look in all the pages.





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  • I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.





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  • I have filed PERM in Nov-2009 and am still waiting. I am a Physician and hope not to get audited. Let us see.





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  • /\/\/\/\/\
    Indio:

    Can you please change the San Jose rally link on main page to this thread
    http://immigrationvoice.org/forum/showthread.php?t=6365

    The old thread is from last week rally in San Jose. I have started a new thread with the updated info. on this one.





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  • Jagan,

    Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.

    I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.





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  • Some guy took most of the needed time talking about citizenship. Jeez.





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  • I will go ahead and host them! Just give me a few hours...or days! :P

    I was planning on hosting the entries for the final poll.





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  • Surabhi,

    Thanks for the detailed response...greatly apprecite it...!!!
    These are all tax terms on which the contract is signed

    Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

    Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

    Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

    Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


    If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

    If you use EAD, its debatabe whether you can be on 1099.
    Being on W-2 contract, you should still ensure your job conforms to AC-21





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  • please correct me if i am wrong, this seems to happen on:

    Wednesday 04/30/2008 - 2:00 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs

    Uma





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  • mine gave only until the expiry of PP





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  • Does that mean the above rules apply only when u want to become a citizen ???





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  • Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.

    If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
    I am sure on that.. Please check with a Immigration attorney!





    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....

    I think you are fine having a Dec 2006 priority date, you can take a risk, probability of getting approval is less than 1%.

    One of my friend with Sep 2003 PD, getting married on August and he is taking risk and praying God that his GC should not get approved before his marriage.





    May 2011 Bulletin is out

    Employment- Based Category
    INDIA EB2 July 2006 (from May 2006)
    http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]


    I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.


    For those of you who received the letter from NVC are you EB2?



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