Saturday, June 11, 2011

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  • ruwanb
    10-16 11:09 AM
    Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....

    PP gives you below,
    1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
    2. give you relaxation. :)
    3. You will get your GC in the end much faster.

    Is that $1000 worth?





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  • gcisadawg
    09-09 11:38 PM
    To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate

    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.





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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.





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  • chi_shark
    12-02 11:51 PM
    thanks! i do have business activities... and i am not worried about audits...


    If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).



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  • deardude
    10-12 02:49 PM
    My case got transfered from NSC-CSC-NSC. Got receipts on 09/06/07. No FP notice yet.

    Any one heard about any such cases getting FP notices?





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  • sriniks
    12-07 06:09 PM
    On the infopass web site, there are four categories, and I can't relate to any of them. I don't have an SR because the rep refused to open one; I don't have a notice. Is it still possible to go for infopass?

    We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
    Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

    Case Processing Appointment - If you received a notice to go to your local office for further case processing.

    EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

    Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.



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  • philly2004
    06-12 01:30 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?





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  • skalra
    12-06 11:11 PM
    - Based on personal experience and not a professional advice
    - I am assuming your PD is not current yet

    I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.

    If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)



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  • pointlesswait
    01-05 04:21 PM
    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:






    It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?

    I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.





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  • msr999
    08-14 07:30 PM
    Sorry for the dumb question. My status changed today and it said " On August 14, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you". Does this mean my greencard approved?

    Category: EB2
    Priority Date: 11/15/2004
    Receipt Date : 08/17/2007



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  • newuser
    06-23 09:20 AM
    Are you sure you have to submit the tax forms for filing I-485?


    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you





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  • Googler
    02-08 03:12 PM
    Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.

    Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?

    Thanks!

    It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
    The docs themselves are available to AILA members only but you can see the topics discussed.

    So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.

    Recapture and other major changes to the law are likely handled by other committees at AILA.



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  • Dhundhun
    08-06 07:32 PM
    Dhundhun

    I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.

    RD: 08/02/2007, ND: 09/17/2007 @NSC

    Have you seen any LUD's recently?

    No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.





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  • anilsal
    12-05 12:09 PM
    I see some of the posts about lawyers screwing up..well if I go ahead telling my story in detail, of how he messed up my H-1B filing, people would be amazed. His law office on my qualifications specified "Masters of Science in Science" based on which USCIS sent a simple RFE to specify more about my degree in the US, and to which he didnt even file the reply on time and my case was closed by USCIS. He personally informed me a reply has been filed, which never was due to the way they handle work in the office, I presume..It was anyways a mental harrassment as I not only took advice from 5 different lawyers and had to refile an H-1 and get out of the country to get an I-94.

    I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.

    do not name law firms in your posts-- admin.

    That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.



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  • ampudhukode
    03-24 06:57 PM
    Tom,

    He is in India and has always been so is there an equivalent of W2 there ?

    The other option may be possible, get something for car loan and so on.

    ampudhukode

    You may not need the exp letter from the current company for stamping if the H1 is for another firm. You may better keep the w2 and/or 3 recent paystubs. How ever, you can request exp letter from the company for any reason. (Example: Applying for loan/home, etc). It does not matter whom its addressed to as long as it contains your job start date, salary, etc.





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  • seeker_gc
    06-17 09:43 PM
    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.



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  • pcs
    07-19 02:48 PM
    Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.

    I can give you the format on email.



    Please contribute to IV instead





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  • zCool
    02-20 09:03 PM
    Just wait it out till you get I140 approved.
    What is the hurry?
    What would happen in another 6-12 months?
    In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
    Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?

    Why do you want to do it? JUST WAIT IT OUT!





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  • gcisadawg
    02-01 11:05 AM
    we all need to fill the survey so that they can at least think about bumping up the priority.

    PS: boy, there are lot of anti-immigrants than you'd think on this forum--people giving me RED:(

    I'm assuming they'd fill out the survey the other way?

    Thanks for the info! I just did and wrote the following..

    "Immigration reform is badly needed to fix the broken immigration system. As a law abiding legal immigrant, I have been living in US since 2000. I filed for my Green card (EB3, India) in 2003. I still haven't received my Green card. Realistically, I can expect only in 2017, a solid 14 years after my initial filing. In my profession, technology chances at a rapid pace and 14 years is like several decades. Also, the economy would have several boom and bust cycles during those 14 years. Recession itself is very bad but a legal employment based immigrant goes through a "recession with severe restrictions"....
    One has to live through it to understand it...In all this, one thing that keeps me awake is my strong desire to provide a better life for my children and to realize my version of the American dream."





    ArkBird
    06-24 12:27 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.





    meridiani.planum
    07-18 10:37 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!

    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)



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