Friday, June 24, 2011

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  • cptbaseball
    05-14 11:59 AM
    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.

    Not a legal advice.
    US citizen of Indian origin


    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?


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  • A very simple diagram for the

  • gc_chahiye
    06-08 12:06 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.

    If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.

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  • Eukaryotic Cell (Animal)

  • aa_ke_phas_gaya
    06-24 06:02 PM
    Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.

    Don't get your hopes high.... just get your head down and work for them.

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  • labels, simple animal cell

  • hpandey
    03-02 11:36 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.


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  • animal cell structure with

  • ahaadi
    01-08 01:47 PM
    I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.

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  • GCwaitforever
    06-08 05:04 PM
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.


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  • Cell is the asic structural

  • morchu
    05-14 12:09 PM
    Thanks for pointing this out (Hernandez letter).
    It is new information to me.

    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?


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  • Typical animal cell (left) and

  • number30
    03-28 04:14 PM
    Where did you send it? Tax returns with ITIN Requests will go to different address.


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  • some asic cell structures

  • chanduv23
    03-14 12:58 PM
    Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.

    hopein07 - thanks a ton again

    Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.

    Any idea about Australia?

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  • Googler
    06-18 05:10 PM
    Our beloved DHS secretary Chertoff says on June 14, 2007:

    "know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."

    Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.

    Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:

    "(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."

    Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).


    We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.


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  • jonty_11
    12-03 02:15 PM
    I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

    I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.

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  • chmur
    09-21 01:46 AM
    What is it anyway?

    That's what one feels like


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  • both cells have a membrane on

  • justAnotherFile
    07-11 10:16 PM
    what makes sense?

    it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.

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  • chanduv23
    09-04 04:18 PM
    LostInGCProcess, Chanduv23,
    Thank you for your replies, I appreciate it.

    So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.

    Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).

    Once again, Thanks a lot.



    If 485 gets denied because of 140 revocation after 180 days, it is erroneous and has to be resolved through MTR. H1b is very useful in such cases as you can continue to work while you seek resolution through MTR. If on EAD it gets risky because you cannot work when MTR decision is awaited.


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  • Animal Cells · E5.5

  • shishya
    09-27 02:19 AM
    AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).

    That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.

    My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.

    Have fun and BE SAFE!!!

    Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.

    Appreciate your advise of caution, will definitely keep that in mind.


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  • sku
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    I think ?

    Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else


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  • anilsal
    08-06 12:38 AM
    for the lucid description. Having local interviews can be stressful on people (and the sheer anticipation of it). I do hope your list of things can be posted on some blog or a place that is easily accessible later.

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    07-13 09:04 PM
    I was searching on internet and this is what i found on

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.

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  • Aah_GC
    06-20 02:19 PM
    The problem is AC21 is speculative rather than definitive. You can give it your own interpretation as USCIS has not come forward with a good distinction between same and similar.

    When you are at the fork of the road, the path of least resistance to GC is a sensible one, that is when you don't have the fear of not getting your GC. It is ultimately up to each one of us.

    07-07 04:24 PM
    I am on H1B. I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen(family based).

    The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
    I have following question.

    My questions:
    1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
    2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)

    07-20 12:08 AM
    thanks for the post.. on your point below -
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.

    doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?

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