Tuesday, June 7, 2011

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  • sumansk
    09-26 05:16 PM
    Man I called and talked to teh 2nd level person and she said my app is not in the system...So what could be the reason for it...It was received on 18th july in NSC..Any pointers guys..?? :(





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  • delax
    11-06 08:53 AM
    Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??

    Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM





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  • sr1973
    08-06 12:28 PM
    The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.

    Wandmaker,
    Wondering if you ever checked if your namecheck was cleared or not.





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  • lostinbeta
    10-20 04:02 PM
    Ah, so painter is really the best if you have a tablet, but if you don't have one, then you shouldn't bother????



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  • saimrathi
    07-03 11:41 AM
    Dont tell me you never take vacation ;-) If that is true, I will hire you.

    Please hire me.. since you are all set yourself... Lets be practical.. I think contacting the media should be your top priority.. I have done it already, why dont u use your precious time there...





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  • vegasbaby
    02-19 07:06 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,

    I am also in the same boat as you. To ans your questions -

    1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

    2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

    3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.



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  • felix31
    02-12 04:59 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?





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  • chanduv23
    03-05 10:02 AM
    As per my understanding here is how it is supposed to work

    - One ONLY has to say whether he/she is Authorized to work for any employer in an unrestricted manner

    - One ONLY has to say if he/she has a security clearance

    - One ONLY has to say if he/she needs a visa sponsership now or in future

    - Certain jobs may need that one has to be a US Citizen (not sure about this) - but there must be a valid reason as to why the job needs a US Citizen

    Once an employment is offered, the employee has upto 72 hours from the day of joining to provide proof of work authorization and complete the i 9 form. The authorization must be original and the employer must verify this and take a copy and place it in the employee's folder.

    Desi3933 or IV Attorneys - please pass on your comments.

    This is very important because - due to economy, a lot of employers are coming up with arbitrary rules and applying arbitrary filters and will continue to do so as long as it is not challenged.



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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj





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  • imm_pro
    06-11 12:55 AM
    This will be useful if you filed your labor after the end of 5th year and the 140
    is still pending at the end of the 6th year.



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  • eagerr2i
    12-20 08:21 PM
    IRS does not withhold for salaried employees, the company deducts the Income Tax based on the number of declarations you have mentioned to Payroll department and sends it directly to IRS.

    For businesses, it is the businesses who pay advance tax every Q.

    I am not very clear about what you are talking about??





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  • amitjoey
    08-05 01:10 PM
    The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.

    On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.



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  • GCBy3000
    04-17 10:39 AM
    yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.

    You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).





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  • Dhundhun
    03-17 01:08 PM
    According to IRS
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html
    If any member has ITIN, economic stimulus package benefit will not be given.



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  • kumar07
    09-16 08:59 AM
    Hi Sandy,

    Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?

    I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?

    Thanks.





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  • tnite
    10-05 09:32 AM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)

    Check this thread http://immigrationvoice.org/forum/showthread.php?t=14138
    The questions are the same.thats why someone asked whether you're related to eadguru



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  • northstar
    11-25 05:56 PM
    You should be ok, just send them the papers again





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  • prasadn
    09-10 08:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    My current position was advertised as MS with 0 years experience even though I had MS + 4 years experience. However I applied in old labor system (pre-PERM).





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  • frostrated
    06-25 12:56 PM
    you need to be physically present in the country when you apply for your AP. you can either have the uscis send it to your address in india, a consular post in india or your address here in the US. i would suggest you have it sent to your address here in the US and then have one of your friends send it by fedex to india. dont use regular post as it might get misplaed or lost, which means you are stuck.
    if you are planning to return before your current AP expires, then you dont need a new AP. might as well wait until later this year when they are planning to bring out a new EAD card that also has AP approval in it.





    mss007
    04-21 03:05 PM
    I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
    EAD renewed last year got one year only now we have to renew this year again.
    Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:

    I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....

    Any one is facing same kind of situation?
    Please let me Know.

    PD Aug 2006 EB2
    I485 pending at TSC, ND Sep 2007
    no LUDs on 485 :(
    FP done Nov 2007





    eilsoe
    10-22 04:19 PM
    in 90 percent of the times, I start out with clouds.. B&W clouds...



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