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  • mukuraj
    05-23 01:31 PM
    I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.

    We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.

    As there is no Green Card in sight for EB-3:

    1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.

    2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?

    Appreciate any help in this regard.




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  • gc??
    04-23 11:16 AM
    Thank you guys. Feel much better.
    Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.




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  • eb3retro
    07-08 08:47 AM
    Guys,

    Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.



    anyone??? any thoughts???




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  • kanshul
    12-18 10:02 AM
    I am sure it is not enforcable...

    Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.



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  • cox
    February 12th, 2005, 11:51 AM
    Yeah, that one works well. The trees move you over to the sun - nice. :)

    Can I work? [Archive] - Immigration Voice

    View Full Version : Can I work?





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  • thomachan72
    06-17 01:42 PM
    Thanks for replying, I checked around and found out that it an official courtesy call.

    Please post updates of your interview process.



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  • jtp_redson
    02-18 11:07 PM
    Hi,

    I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.

    The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.

    So my question to you guys is
    1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
    2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
    3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?

    Any help would be greatly appreciated.
    Thanks,
    Jay




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  • roseball
    12-27 06:24 PM
    Hi sbmallik ,

    Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?

    I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!

    All experience letters should indicate the last date of your employment as 5/15.



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  • singhsa3
    08-08 02:20 PM
    No this time I will prefer hunger strike.. Care to participate?
    Why don't you file a lawsuit? :)




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  • ajpreddy
    08-23 11:36 AM
    I did change my address when my 140 is pending, i did take care of AR11 form and after that you will be given a screen for change of address on the pending applications, i did do that too.
    After 3 days LUD was also changed with the new address change, i received a letter from USCIS about the change of my address on file.
    My 140 also approved successfully on 08/15/2007



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  • Leo07
    11-30 05:58 PM
    People at the airports( I assume the same for checkpoints) care more about what's the date on the stamp and if you have a valid H1-B to support.

    In my case, I had a company A's H1-B Visa stamping(Still valid at that time) and Company B's H1B papers.
    Very rarely do they pull-over(it happened for me on a different occassion) and quiz you.

    I believe when you say you are abandoning H1-B you are abandoning the petetion and not the Visa.




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  • BMS1
    11-08 12:24 PM
    Do you mean RFE (request for Evidence) by "Query on H-1 Transfer " ? This happens all the time with any benefit application. You need to explain what that query is? If company C will respond to it by providing the evidence USCIS wants, things will take care of themselves.
    Yes can still go ahead and transfer to D only if you are sure the query will be addressed by company C and the approval for H1-B transfer is 100% certain. Normally it may be a good idea to wait for the approval.



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  • singhsa3
    08-11 08:50 PM
    Have you thought about becoming a volunteer for IV?
    all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
    My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:




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  • Rockford
    06-24 12:49 AM
    I hear a lot about Indian's getting positive PDP (TB Skin Test)result. But when I talked to many of my Indian friends, they say they got negative result. Met only one who got positive skin test result.

    Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.



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  • sidbee
    05-27 12:41 PM
    http://online.wsj.com/article/SB124338175183056465.html

    Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.

    Looks like IBM would be the next to follow.




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  • paystubissue
    03-16 02:26 PM
    Hi all,

    Any thoughts?please let me know.

    Regards



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  • njgcmar03
    02-21 03:35 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise
    There should not be any issues. Take all the required papers to the interview.
    Good Luck!!




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  • AllIzzWell
    03-08 11:19 AM
    Gurus,

    I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.

    Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).

    My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.

    Any input/advise is appreciated.

    Thanks




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  • sukhyani
    10-04 10:22 AM
    Did he/she send the original Employment letter? What is the PD of your friend?

    From what I understood his lawyer did not send the employment letter in the first place. His priority date is Sep 04 ROW, mine is July 04 ROW.




    bharol
    08-21 10:10 AM
    Anybody?

    This is inexplicable.
    2003 PD and waiting?
    This sounds like injustice to me.

    Although I got lucky and got my GC however I honestly wanted them to do it in the
    order of Priority dates.

    My best wishes are with everybody.
    May everybody get his/her GC before Sep 30th.




    beautifulMind
    04-17 10:35 PM
    I am currently on EAD from 485 application (no H1b)..My 485 is applied in eb3 category. Also i-140 is approved.. I have moved to a new position in the same compnay where the job duties are 50% different from the earlier position.The Position also entitles me to start another Green card application under EB2. My QUestion is


    Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
    an h1b my only valid status in US is EAD and 485 from the Eb3 application



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