Sunday 26 June 2011

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  • karthikgk
    06-14 04:20 PM
    porting can be beneficial but attempt it only if you are 100% sure that it will succeed and talk to your lawyer before you do it and don't attempt to do it yourself. it will be a lengthy process with increased scrutiny. 3-4 months for labor and atleast 1 year for 140 processing and moreover DOL is making it tougher for EB2 with strict adherence to the rules and increased scrutiny. after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage. if any EB3 person has EAD, AP then it would be best to play it safe and stay with EB3 as you already have the benefits of EAD and AP. I know it would be much much better if you have a green card, but would you have it safe and sure or do you want to go through all the stress of refiling and preparing for all the problems in the process? it should be ones own personal choice. moreover I am hopeful that things will move favorably after the elections with the immigration reform and might result in some relief for all EB categories

    Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?

    Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?





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  • taraa
    11-23 01:37 AM
    This signature waived is normal because of something having to do with when they scan the card, and if your signature is there, then it could cross the line where the machine scans your card. So I have heard from others online in these posts this is valid since August 1 FOR EVERYONE and your picture is there, so this is not an issue. What I am wondering about is why is this EAD only valid for one year when first it was valid for two years, why have they changed this? And if your i-485 green card case is pending, and you have gotten your i-765 EAD in your hand do they approve your i-485 green card fast? SOMEONE PLEASE RESPOND





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  • ivar
    03-20 06:47 PM
    Friends, my question was timing of porting priority date, to put the question in one line as below,

    Earlier I-140, PD Mar 06 from company A if i file new I-140 Eb2 from company B, i am aware that i can port priority but the question is when this can be done, when I apply new I-140 or when after I apply new I-140 or after i get my second I-140 approved.

    Thanks.





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  • gc_kaavaali
    05-12 04:17 PM
    Relax!!!!!! my 485 application is pending with TSC...As per my jurisdiction i am suppose to send documents to NSC...But when i e-filed it gave me instruction to send support documents to TSC only...so don't panic...


    Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.

    Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?

    Thanks much!



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  • waiting_4_gc
    08-18 10:34 AM
    But marriage certificate from Indian Consulates can not be used for this purpose.Same case with birth certificates.

    Why cant we use birth/marriage certificates from Indian consulate?





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  • lrindy
    10-06 04:11 PM
    IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.

    As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.

    I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.

    Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.

    That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.

    That is it and I shall wait for the letter to arrive signing it off.

    Cheers,

    LRIndy.



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  • rsdang
    07-01 11:49 AM
    Thanks for taking the time to respond.





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  • guyfromsg
    05-30 09:26 PM
    I have two 797s:
    1. Valid from Feb 2006 to June 04th 2007
    2. June 05th 2007 to June 04th 2010

    I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(


    Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.

    So if possible it's better to go in person and explain. My 2 cents.



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  • fromnaija
    02-21 11:59 AM
    what is EVL ?

    Employment Verification Letter.





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  • seekerofpeace
    09-23 10:34 AM
    Folks,
    It is worth trying but from my experience over the last 3 years of contacting congressman's office....it really is not that important.....I have heard that the congressman needs to be influential et al...that's nonsense...the congressman never gets to read ur mail...it goes to an immigration person mostly a junior staff member and he does what lawyers do thru AILA to get info on the case...they can neither expedite a case nor get valuable information for you...
    Regards,
    SoP



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  • lunatic
    05-17 07:46 PM
    got database?

    :beam:





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  • apahilaj
    05-12 03:23 PM
    You said you live in NJ, you supposed to have sent you EAD renewal documents to Vermont Service Center as per the USCIS link provided below:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73bbb6f2cae63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.

    Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?

    Thanks much!



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  • rongha_2000
    05-13 05:45 PM
    ^^^^^^^^^^^^





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  • rajabeta
    09-26 12:23 PM
    saw my bank a/c online and saw the checks being cashed. also got LUD on 485. when do you guys think I can expect AP?
    I have updated my signature as well



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  • jnicklo
    04-17 11:36 PM
    OK lets pretend Mr Stiffer is not here and get back on topic.

    I definately feel that IF the talent is there a 15 year old can get a part time design job. :)





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  • crystal
    01-24 05:12 PM
    Maintaning F1 status while I-485 pending is not a clearly defined area by USCIS. There are some resources I provided in the following link. There is no definite answer for this.

    http://immigrationvoice.org/forum/showthread.php?t=12093&page=4



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  • kishdam
    10-17 10:47 AM
    look up O*NET codes yourself:
    http://online.onetcenter.org/find/

    A recruiter would perhaps be: 13-1071.01 or 13-1071.02.

    What is your O*NET code from your LCA?
    If its software engineer: 15-1031.00 or 15-1032.00 then this move is potentially risky.

    I know that its a greayarea but are there any general guidelines on the O*NET code that will pass as same/similar test of AC21. For example if a person change a job from a job code of 15-10xx to 15-10yy is less risky; while changing from 15-10xx (programmer) to 15-20yy (mathematician) might be more risky etc.

    Does USCIS takes this approach of comparing the job codes based on title or job description? It could lead to misinterpreation by the already confused USCIS personnel who will deal with these cases (who may not what an oracle appl engineer does).





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  • H1B-GC
    08-29 10:54 AM
    This is a Tricky situation.you need Medical leave for your child but 4 months is a bit too long. Pls.contact your Attorney about the consequences of taking 4 Months leave on H1B visa.make sure your HR provides you with all the Paper work that your Attorney might ask to substantiate your leave.

    My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
    I became father last month.
    My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.

    I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..

    Your comments are very much appreciated.

    thanks





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  • IfYouSeekAmy
    08-20 09:34 AM
    Break a coconut?? Is that slang for opening a bottle?????

    Mil gaya to nariyal phodunga... bas aur kya bolu?
    (If I get it, I will break a coconut, what else can I say?)





    answers_seeker
    09-17 01:09 PM
    TV25,

    1) You were in H4 at first when U came to this country.
    2) Then you were sponsored(H1) by some company.
    3) you worked for 3 months.
    4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
    5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
    6) You came back to US on H4.
    7) Get a letter from USCIS that h1 is denied.

    What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
    That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.


    See that's what I exactly said in my last post. The COS that is obtained in the US is a "privelege" it is by no means supposed to over ride what the consulate decides in terms of the visa stamp. That is exactly the reason some of the applications get a H1 approval without the I-94. This is done because they are in no position to verify a lot of things that the consulate can verify. If you have a valid H4 stamp and you want to get back into H4 status instead of applying for another COS, you can go out of the country and enter using H4 and your status will change to H4.

    Anyway, like I said in our case I asked the IO behind the counter in vancouver if she can use H4 to enter the US his response was "It depends on the officer at the POE ". Guys I spent a good two days researching this topic while we were stuck in vancouver. Basically you can come back but your status is reverted back to H4. You are not supposed to work once you are in the US. In our case we immediately applied for another COS prem processing within the US and it got approved. My wife again changed jobs last year on H1 and that got approved too.

    In this case, the misrepresentation of facts in her H1 app is something the poster might want to get clarified. She should be fine.





    Dipika
    04-18 11:46 AM
    called uscis they say its for faster processing and should get letter in mail.
    did anybody else get a mail like this.

    cool! Congrates for being a luckey one!
    Looks like USCIS have distributed 485 apps to pre adjudicate, if others gets interview calls like you.

    we have not seen case as you have.
    so we all would like to know further as your case goes ahead, please keep us updated... It will help other, who gets reandom interview call.



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