Saturday, June 25, 2011

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  • skp71
    07-13 10:32 AM
    Her 485 has been filed FOUR years ago sir.

    She is NOT in H4 status anymore the day your I-485 is approved.

    She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

    Consult a good attorney asap.


    ____________________
    Not a legal advice.





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  • WillIBLucky
    12-31 07:06 PM
    This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...

    Case deatils :

    Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

    Next step H1-B transferred to new employer & redo Labor & I-140.


    Question :

    Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

    Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

    Please share your info as the attorneys are nuts..


    Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??

    Please provide with the link


    CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???





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  • 485Mbe4001
    10-02 07:53 PM
    short answer...You are the chosen one you can do what ever you want, while USCIS will do what they think is right...IMHO plenty of legal trouble for you, your company and your lawyer. While you are at it why not ask companies C,D&E to sponsor parallel applications for you, the more the merrier....i think you are a troll...Hardworking, law abiding immigrats get a bad rap because of people like you.


    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated





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  • arunmohan
    12-17 01:01 AM
    My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?



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  • zeal2005
    02-11 12:25 PM
    My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.





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  • 485Mbe4001
    10-08 12:54 PM
    SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.

    PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.

    There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?



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  • gc_peshwa
    03-10 11:07 AM
    No problems for me at all. I just logged in and transferred some to my parents back in India.





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  • manderson
    08-08 11:32 AM
    damn! i have the same issue. will u pls post the answer when u have it.

    my laywer doesn't know what to put and my employer is not cooperating!



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  • Ann Ruben
    01-08 09:39 PM
    Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.





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  • gcformeornot
    10-12 02:16 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....



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  • bandya
    05-24 11:58 PM
    Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
    All the more important since we hardly have any time on our hand!!!





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  • diptam
    08-06 12:13 PM
    Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.

    Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.

    Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
    What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?

    let me know quick please..



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  • Jeff Wheeler
    06-22 07:25 PM
    oh





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  • makemygc
    08-17 03:09 PM
    According to Murthy: http://www.mURTHY.COM
    The package should reach today. Not on monday even if the post mark is 16th.

    Even the Matthew OH mentioned that packet should reach today and if you are sending it to PO, it should be picked up today.



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  • ken
    04-09 12:33 PM
    Thank you GC Struggle for your thoughts..
    But I don't live/work in Miami,FL.





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  • snathan
    04-24 08:17 AM
    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.

    I never heard of this...what crap it is.?:eek:



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  • cbpds
    04-01 03:22 PM
    hi,

    It happened to me when my wife' s and my expiry dates were different.

    Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.

    Thanks



    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna





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  • chanduv23
    08-14 04:06 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    Paskal is busy with schizophrenic members and members with obsessive compulsive disorder and with members who see hallucinations of reciept notices :D:D:D

    Those who sign fedex in USCIS never thought their names willbe discussed on the internet





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  • dan19
    09-15 05:14 PM
    Whether EB3 or EB2 is dependent upon the job description.
    Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.

    Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.

    Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.

    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.





    newuser
    10-05 10:50 AM
    Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.

    Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.





    sudhakar226
    10-10 04:34 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .

    My case also similar:

    PERM Applied - 04/24/2007 - EB3.
    Perm Approved - 08/14/2007.
    I-140 E-filed - 08/16/2007. Got Online Receipt. Sent the required Documents to USCIS after a week.
    I-485/EAD/AP - Posted on 08/16/2007. Included the Online Labor Approval Petition without signatures and Online receipt of I-140.
    Received USCIS on 08/17/2007.
    Waiting for Receipts.
    Don't know whether it will be accepted or will get an RFE.
    Hey keep me posted on your status.
    I can be reached at sudhakar226@yahoo.com or 862-754-8326.
    Good Luck.



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