Wednesday, June 8, 2011

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  • sertasheep
    08-05 07:18 AM
    Bump
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^





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  • lvinaykumar
    08-05 05:05 PM
    i would say apply for the Eb2. I am on Eb3 right now and i will plan to apply for eb2 after Dec 2008.





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  • sanjeev_2004
    10-11 05:39 PM
    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:

    I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
    I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.

    Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.





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  • Lisap
    08-28 12:18 PM
    Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!



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  • EndlessWait
    12-06 07:35 AM
    Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
    My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.

    My case was filed at NSC , then went to CSC and then transferred to NSC.

    Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.





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  • goosetavo
    03-03 02:20 AM
    C'mon guys, you are supposed to be the smartes of the smart here. The bill referenced above has nothing for EB-immigrants true, but it is not the Bill proposed in the US House for CIR in 2010 (it has ZERO Co-sponsors), the "good one" is HR 4321 (93 co-sponsors):

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4321ih.txt.pdf


    It's the CIR ASAP act, see postings from me from last year for a summary. This bill recaptures lost GC's from the last two decades and exempts STEM degree holders from the numerical caps, read it, its all there.

    Can we stop hating on illegal immigrants? Please read Pappu's postings on the subject, this whinning does nothing to help our cause. We're all in this together. The CIR ASAP Act does put more limits on H1B visas, which is unfortunate, but we need to try and negotiate here, not throw everything away.



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  • neoklaus
    10-21 09:42 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
    You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

    That scenario is OK if your total salary is not an issue for you.

    For you Employer paying to you $4500 Plus $500( reimbursable) is much better
    cause he will pay company taxes only on that $4500 and not on $500.

    There could be other ways to resolve this problem. Depends on your employer
    willingness.





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  • gctest
    10-04 03:52 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)



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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,





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  • sachuin23
    03-19 02:20 PM
    Mine was filed in Jan and still waiting :).....



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  • pamposh
    08-05 02:26 PM
    Filed 485 in vermont service center

    --------------------------------------------------------------------------------

    I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.

    anyone else in the same boat?





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  • njdude26
    04-08 05:08 PM
    Then what do you do if you dont have a candian permit ??
    Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as

    1. your stay in canada is not more than 30 days
    2. you did not appear for the visa interview (@US consulate) in canada.
    3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.

    This is called as "Automatica visa Revalidation" rule.

    In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).

    --HumHongeKamiyab



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  • xgoogle
    06-24 08:47 AM
    You are saying I can leave the job and still be able to renew her EAD and AP every yr ? Also her I-485 will still be valid ?





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  • manderson
    01-14 02:21 PM
    since you are going to be an entrepreneur on EAD, your circumstances are kind of special (i.e. a GC or citizen entrepreneur doesn't have the extra baggage we carry). so u can join your state chapter in addition to the SBA.

    also look into the Wall Street StartUp Journal - lots of good resources there.



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  • nixone
    08-21 10:21 PM
    Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.

    One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.





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  • Pagal
    01-18 06:41 AM
    Hello,

    Consult your lawyer on extensions and right paperwork..

    IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...



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  • Phat7
    10-07 12:51 AM
    :( that's bad... I confess I voted for myself yesterday, just couldn't resist the mischievous evil inside :evil: I can't change my vote can I? We can count one off me and I give my vote to Coppertop. ;)

    If you disqualify me I will totally understand. :sigh:





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  • jaireddy
    05-18 10:10 AM
    1. You should be 100% confident that it is not your attorney who screwed up
    2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.





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  • Ram_C
    12-06 12:11 PM
    bump

    EndlessWait,
    nothing to worry about, it happened to me too,
    I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
    " I don't understand why these people schedule FP at attorney�s location"
    he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.

    Hope you will get your FP notice soon.

    good luck:)





    2008FebEb2
    09-15 12:35 PM
    There is already one for EB3 ...
    http://immigrationvoice.org/forum/showthread.php?t=20798&highlight=poll

    That list for EB3 looks like a Mammoth compared to Eb-2. :D





    ksrk
    10-01 04:39 PM
    How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

    thanks,

    I took an InfoPass appt. at the local USCIS Office and the IO there was quite willing to share information. He told me my FP returned with "no record" and my NC (same as BC) came out clean and was nice enough to confirm the same thing for my wife (even though she wasn't at the InfoPass appt. herself).

    InfoPass appts are generally a crap shoot - if you are lucky you will get quite a bit of info, else the cold shoulder treatment.

    But for sure, calling the USCIS office won't give you any info reg. the status of these checks.

    Hope this helps.



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