Thursday, June 23, 2011

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  • flyingninja
    11-02 11:12 AM
    In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.





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  • msgoud
    03-09 11:39 AM
    thanks for suggestion,i suggested the same ,but it looks like his company lawyers are working





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  • satishku_2000
    07-22 07:40 AM
    I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.


    Numbers USA crowd hate us anyway ... They hate us because we look different .... Dint you read their crap about H1s not paying taxes and how H1bs are producing anchor babies.





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  • sr225
    05-15 11:18 AM
    Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all

    My qualifications are

    Bachelors in engineering - 4 years
    Masters in computer science - 2 years in US

    Experience of 6 years in software dev

    My job requires BS+5 years only , Masters in not a requirement.

    Can I file in EB2 ...could you please elaborate your experience in eb2 .



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  • validIV
    03-17 04:36 PM
    I don't remember immi status even coming up during mortgage appli!

    It comes up on the loan application when it asks if you are a US Citizen.





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  • fittan
    04-23 03:26 PM
    gc28262,
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.



    Fittan



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  • anilsal
    01-01 02:37 AM
    Some of us went through the backlog centres of labor that took 24+ months. So we all understand the trauma associated with the wait. :(





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  • njdude26
    07-03 06:57 PM
    longer how and in what stage ?
    It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
    However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice

    by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)



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  • simon03
    07-15 12:35 PM
    I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.

    Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
    The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
    In short, still not sure what to do....





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  • LostInGCProcess
    02-11 04:09 PM
    I-485 RFE details.

    Needed evidences:

    1. 2 Passport size photos in USCIS specs.
    2. Form I-693 completed by civil surgeon.

    We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?

    Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.

    Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).

    EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"

    The Rule is, Form I-693 must be submitted within one year of taking the medical examination.



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  • braindrain
    06-03 12:19 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.


    I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.

    Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.





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  • kaisersose
    02-18 10:26 AM
    This is how it works.

    DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.

    As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.

    We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.

    In short, continue to expect the same pattern of erratic movement.



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  • TUnlimited
    11-03 09:23 PM
    requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost

    Sounds like that attorney is complete idiot and never went through eFile things him(her)self...
    Because you paying with CC on eFile and they give you receipt for payment, receipt for filing right away and this is your evidence of reception. In other words, you know your case number from the moment you push the button and with eFile you wil not have such question - where to file. They will deal with that on their own. All other stuff, reception notice, FP appointment notice will come a bit later to address you wil put with forms.





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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!



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  • eyeswe
    02-11 06:23 PM
    Sidd_
    You can call your parents here for graduation. As someone mentioned an Univ letter will def make a difference.
    However "sponsoring" is a bit more tricky, given that you are on F1. If you hav steady income GA/RA you can use that to support.If you have savings from your OPT, you can use that as well. the thing taht is tricky is you do have to assume a certain amount of expense for parents for the period that they may be in US and compare that to your savings, if you are the sponsorer.
    Their rejections will be in the db and could be a bother, esp if you are the only child (not sure if that is in US or you have siblings in India). Your parents will need solid proof to convince that they intend to return.Something like a return airticket etc could make some difference
    My 2c. As always my note is not legal advice





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  • Raj Iyer
    09-13 12:13 PM
    Hi:
    IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?



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  • coolblues
    08-14 08:01 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance





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  • itstimenow
    08-08 11:17 PM
    I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
    I am not having any case/docket number since this happened 4 years back.
    Lawyer is saying this should be ok and this falls under misdemeanor.
    Any suggestion?

    If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.





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  • mps
    06-24 11:28 PM
    Article says all pending application ...

    "The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."





    snathan
    03-28 12:21 PM
    Hi,
    In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
    Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
    and I need to proof that I filed the taxes that year or file the taxes.

    I went to HR block and prepared taxes for 2005 and mailed to them.

    Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
    So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.

    Did any one had similar experiance or any issues?



    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.





    gsc999
    07-15 04:42 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion



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