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  • tnite
    01-03 10:31 AM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?


    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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  • Blog Feeds
    06-10 06:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule ( that would adjust most fees by 10% for immigration benefit applications and petitions.

    USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS.

    Comments may be submitted through ( The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

    Proposal to Adjust Fees for Immigration Benefits: Questions and Answers ( D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Proposal to Adjust Fees for Immigration Benefits: Fact Sheet ( D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

    ***All information has been taken from USCIS.GOV

    More... (

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  • jvs
    06-18 06:50 PM
    Regarding "how soon can you go for stamping"

    Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.

    I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.

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  • Rockey
    02-29 02:37 PM
    Okay..That means..we need to give A# also without fail?

    I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:

    You have given Yes to this questions right ?

    If I don't mention my A# would it be okay? or will they find out by some other ways?


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  • flyfishertoo
    August 7th, 2004, 06:11 AM
    I left a comment in your gallery yesterday. Overall I like the picture, but I think it just too over exposured. I enjoyed the entire series.

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  • patchsk
    12-06 11:57 AM
    I got my H1b tranfer in premium processing approved in 2 days, 2 days for receipt notice.
    So all process is with in 1 week. This is for Vermont center though.


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  • beautifulMind
    04-22 02:38 PM
    so what do we do now..How can we get the accurate wage

    if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

    O*Net� JobZone: NA

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  • hibworker
    12-15 02:48 PM
    Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.

    Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).

    Here are your options:
    1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
    2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.


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  • smuggymba
    10-08 03:00 PM
    I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).

    I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.

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  • ras
    01-31 07:27 PM
    I am no expert but based on my understanding on this.

    1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.

    2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.

    3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (

    I am not sure there could be other ways, but these are some of the obvious ones.


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  • amitnaik
    08-22 04:44 PM
    Here are the details:

    Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)

    With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.

    Need help/input with folloiwng from the gurus:

    1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.

    Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).

    2) With premium processing, how long it takes to get I140 approved?

    3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.

    Appreciate your help.
    Thanks in advance.

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  • fionaapple20
    11-27 03:53 PM
    Thank you wandmaker. This helps.

    - But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

    - Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?


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  • Silviavp
    05-21 09:32 PM

    I want to apply for an H-1 this year. Actually I have a F-1 under OPT. I couldn't find an employer yet but hope get one soon.

    I have some questions that I hope some of you could help me out with them.

    - Should I hire an attorney to help me tru all the process or can I do it by myself? What you would recommend from your experience?

    - How much are the attorney's fees and where can I find a good lawer?

    Thank you so much for your help,


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  • Blog Feeds
    04-20 10:20 AM
    Sad for a guy who used to be the voice of reason on immigration.

    More... (


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  • anurakt
    01-15 08:35 PM

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  • svam77
    07-24 02:17 PM

    MY labor says that the candidate needs atleast 1 year exp as a Software Engineer.

    But my experience letter says that I have 2 years of experience as a Senior Software Engineer.

    Would that be ok ? (Actually I was a software engg before and got promoted to Senior Software Eng later.)

    I mean should be only Software engr in the exp letter rather than Sr Software engr ?


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  • GCBy3000
    11-08 03:17 PM
    This is a very sad message this morning I got to read from my inbox. I am not bothered about losing the pledge, but I am shocked to see only 88 members pledged. The sadest part is that this pledge is created by a US Citizen for IV.

    IV Members 6000+
    Retrogressed members 350,000+

    Why only 88 pledged? Many people wants free ride which they cannot get if they dont want to unite for the common cause. I know most of the H1b holders are paid well and spend a lot. But when it comes to donate, they feel $1 equivalent to $1000. The reason is they feel they are not getting anything in return which is not true and they feel they are smart to get a free ride when others donate.

    If you dont unite for the common cause, everyone including is going to struggle to get what you want. But at least the donated members will feel good about trying their best.

    *************** EMAIL FROM PLEDGEBANK *****************
    We are sorry to have to inform you that the pledge to which you
    signed up did not meet its target in the required time. It
    required 1000 other people, but achieved only 88.

    The pledge, created by Randall Emery, read: 'I will donate $10
    monthly to Immigration Voice for one year but only if 1,000
    other people will too.'

    This means you don't have to do your part of the pledge.
    Instead, why not sign up to local alerts at to find out when someone
    creates a new pledge near you, browse the pledges at or perhaps make your own

    -- the team

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  • gsc999
    07-31 11:09 PM

    I have already posted this news on News thread -3:

    Please don't open new threads for news stories that are already posted elsewhere on the forum.

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  • gc_lover
    06-28 10:25 AM
    There is already a thread for BC. Please don't open new thread for every question.

    02-17 11:15 AM
    we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

    Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.

    12-14 06:31 PM
    In my job search (banking and finance jobs) there is this one question i come across on each and every job application-

    "Do you now or will you in the future require sponsorship to legally work in the united states?"
    and options to tick on the form are 'yes' or 'no' with no space for explanation.

    So i mark 'yes' and i guess thats where my job applications get stuck.

    Should I answer yes or no, since i am on L2 (visa valid for next 2 years) and currently have 2 years Employment Authorisation (EAD) where i can work for any employer in the United States ?

    I understand that companies ask this question because some of them are not allowed/ do not have a policy to sponsor visas.

    I want to know whether i am legally required to say 'yes' because i am on L2 ( since after 2 years, my visa renewal depends on whether or not my spouse's L1 is renewed)


    Do I still have a choice to say 'no' since my visa renewal gets done if my husband's gets done or i manage it on my own through a consultant... and the company i will join in both cases does not have to sponsor or pay for my visa either now or in the future.

    I do not want to misrepresent any information and get thrown out of the organisation after i join, nor do I want to lose out on opportunities because of answering this question wrongly.

    Let me know please, it'll help a lot.

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