Monday, 20 June 2011

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  • pa_arora
    07-16 01:08 PM
    I will give you a green too. You have been a great help to forum members understand retrogression issues.
    how do u give a green or red dot??





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  • jambapamba
    07-18 01:07 AM
    Is it possible to file I-485 without I-693(Medical) ?

    The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.

    Please advise


    NO WAY.





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  • JunRN
    08-27 03:34 PM
    by the way, can somebody answer these questions: If you got your EAD before the Receipts, does it mean your I-485 was touched and accepted? Is there any possibility that you got your EAD but your I-485 was not yet touched and accepted?

    Is there anybody here who got EAD but for more than a month after that still got no Receipts?





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  • 485Mbe4001
    05-24 06:20 PM
    They can do a lot. on monday one mentioned that listeners should call a particular senators office and state their opinion against the bill, by tuesday 7000 had called the office.


    Hello All,

    My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.

    IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.

    So, we can get results only by presenting our problems directly to Senators and Congressman.



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  • lvaka
    05-05 03:40 PM
    Can anyone please help me with the EFile of EAD. I am applying for my first renewal.

    1. Question: Have u ever applied for EAD? if Yes, Date for application:
    Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?

    2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?

    3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?

    4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..

    I would appreciate if anyone can help me with this info.

    Thanks,





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  • ImmiUser
    07-12 11:47 PM
    lol...nice one



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  • bugsbunny
    04-15 03:07 PM
    Q. How do i qualify to be classified as a Donor?
    A. Sign up for 6 months or 12 months recurring donation

    Q. How do i get access to donor forum after signing up?
    A.
    we verify our donor members and therefore StarSun needs these details:

    IV username
    Ph #
    City and State of residence
    Pay pal receipt date
    Transaction / subscription #
    Date of payment
    One time or recurring donations

    Please send the above info to ivcoordinator@gmail.com

    It will be faster to verify with the above details and provide donor access.





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  • rc0878
    10-01 08:48 PM
    Guys got my FP and AP last nite. Check signature for more details.

    The status of my Travel document on USCIS site has been following for a while -:

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.

    On September 20, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.


    How long does it take for it to actually arrive??? Any idea??



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  • vishi1480
    07-23 01:40 PM
    Thanks for your help. I will try and see if they can issue a BC with my mother's name. I am not sure whether they can accomodate that in their fixed format, but its worth a try!

    In your case, you have the birth certificate, so you don't need to submit the non-availability certificate. It is better you contact your municipal office and apply for your birth certificate with your mother's name included.

    Regards,
    IK





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  • komaragiri
    08-29 03:16 PM
    I got FP notice on 8/14 with appointment date on AUG 31. My application received on 7/2 and notice date of 8/2.

    NSC sent the notice to me and to my attorney.

    Hope this helps.



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  • gcdreamer05
    08-06 11:26 AM
    I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!

    tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....





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  • cygent
    02-11 05:22 PM
    About the process control (one of my fav. subjects :p)

    But seriously folks, let us not waste energy on this thread. There are tasks at hand which more need our attention.

    It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.

    If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.



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  • kaisersose
    09-17 01:32 PM
    Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
    I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.

    That is the point. It was not of your own volition.

    Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.

    You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.





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  • invincibleasian
    02-04 10:23 PM
    Thank you invincibleasian, I am in US right now and I am not going outside of US till third quarter. Does she need to take any proof stating that I am in US? Please suggest.

    Thank you

    AT the POE the visa officer will know where you are. Apart from regualr list of docs for h4 stamping I dont think any other doc is required! But please verify with your attorney.



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  • Macaca
    03-07 08:24 PM
    Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and Damaris Del Valle. Note: Authors are immigration lawyers.

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer isthe party desiring premium process and who will benefit from such processing,9 then any deductions from the employee’s pay are unauthorized and, as such

    Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.





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  • APDesign
    04-17 11:45 PM
    I'm 15 and I have done several jobs .. they generally don't mind you being that young, most of the times they're amazed :D You have to talk decently etc, like Rev said. Nohing much can go wrong if you make a good, professional impression.

    Completely off topic - Lou == Rev??? I was wondering what the heck happened to him.

    Completely on topic - to say you NEED to know "AS HTML PHP XML XSLT by heart " is completely ridiculous, what if he is going to design a site for the local barber who just wants some info on the web? Chances are his first job isn't going to require flash, PHP, and XML integration. Then again I've never had a job. :shrug:



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  • boogie2007
    04-18 02:55 PM
    my I485 lud got updated today , but the case status is still showing pending, when i called the officer she said they dont know what is lud ? but she said the case is pending.. any idea what does it means when lud is updated does that mean the case is now ready to be assigned by officer ?????:confused:





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  • nowhereman
    02-01 09:07 AM
    I started the US immigration in 2006, PD-September 2006, by CP, EB3ROW. DS230 renewed 3 times since then... a couple of months ago I applied to Canadian PR, now I am waiting for my interview date. So I have two processes parallel - US GC & Canadian PR. My question is : How these two immigrations can jeopardise each other? :confused:
    Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
    Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
    I should mention that the GC is the choise No1 , and PR is a plan "B"...
    I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
    Appreciate all useful answers and ancillary information. :):)

    chisinau, in my personal experience, applying to US GC is not viewed favourably by Canadian authorities. When we tried to land in Canada, the immigration officer specifically asked us if we had applied for US GC. Also, be sure that you do not insinuate to the Canadian authorities that your first choice is to stay in the US, but make all efforts to show that you will be moving to Canada permanently as soon as your PR is granted. The Canadians do not like granting PR to people who are going to use it as a backup for their GC process.





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  • mhathi
    02-11 04:00 PM
    AND
    - You will never apply for US citizenship
    AND
    - You children won't need tuition or resident rates when they go to college

    The last point depends on the university. Many accept EAD as sufficient for qualifying as an in-state resident for tuition purposes.

    At least, one I am in contact with does.





    alex99
    10-19 09:16 AM
    Yabadaba,

    I agree with your Analysis. It looks promising.

    Regards,
    Alex,





    praveendk
    04-12 09:20 AM
    I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.

    When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.

    I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.

    In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
    hi mirchiseth, I recently applied AP to wrong location. I guess some one had the same situation while back. Do you remember how did that fixed.
    Basically my case is pending at texas, but i wrongly sected missory and so my receipt number says MSC, that is what i realized that it was efiled to wrong location. Any help in this would be appreciated.
    I also took infopass appointment to check, i am not sure if i get help with out getting the confirmation receipt as i efiled yesterday.



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