Friday, June 10, 2011

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  • taureanstud
    01-02 04:11 PM
    Folks,

    Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?

    thanks




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  • hebron
    10-11 06:56 PM
    That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?


    Yes, They will take you seriously. Just complain to DOL.




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  • ThinkTwice
    02-18 01:47 PM
    I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
    Is this going to affect my GC in anyway? I need some guidance here.


    You have a lot of work ahead of you, first thing .. you should
    - get a consultation with a good lawyer who specializes in these kind of cases and discuss your options.
    - you have only one month to prepare so you should be aggressive about collecting all the documentation required for the interview. sites like trackiit have some threads that talk about documentation needed for DUI related interviews
    - A straight forward DUI without any accidents etc should be ok, I have seen posts where people with DUI's have gone for and cleared the interviews, but your case is different you have not mentioned the DUI in your application.




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  • WTFever
    12-02 04:51 PM
    Hello everyone. Sorry if this is the wrong section.

    My mother has trouble with her knees and it is hard for her to do things around the house sometimes, and it is getting worse. She would like a live-in person to make things a little easier on bad days. She just needs someone that can help with or do everyday household chores, but does not require professional health care support.

    She has a friend in the philippines doing christian outreach work. The friend introduced her to a nice lady willing and able to come assist mom, and they chat often and have become friends. My mother would like to bring her to the USA to help around the house, and maybe enroll her in school since constant care is certainly not needed. (There are several good colleges closeby)

    I have tried researching it for her, but am now honestly confused. As far as I could make out, mom would need to get the lady here on H-2B....but i could be wrong.

    Can someone give us some advice please?

    Oh, one other thing. The condition of mom's knees are still up in the air with the docs. It is unknown whether surgery will be required, or how long healing might take...if it occurs at all. I don't think she can get the lady an indefinite stay, but I think she can come here and the lenght of stay be adjusted if needed.

    Thanks for any advice or help you can offer. I hope to be able to get a 1-2-3 condensed version. My eyes are bleeding from reading rules and regs


    ----------------------------------
    Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts. -- Admin



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  • piyu7444
    09-15 11:56 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !

    Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......

    I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.

    I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........

    Ensure that w-2 has the correct numbers else it can be trouble.

    Consult a lawyer as all the above is my experience and limited knowledge.......

    Hope it helps!!




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  • syedajmal
    08-14 03:03 PM
    I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.

    My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.



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  • makino_a55
    01-29 08:24 PM
    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months;



    what does it mean to us ???
    does it mean PD will move ahead and move back , once the 245(i) cases are out of the back log centers ??

    Or does he think that PD will move beyond 22nd April 2001

    Any thoughts ????




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  • abe1
    06-23 12:28 AM
    ndbhatt,
    If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..



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  • sammyb
    11-30 09:07 PM
    You need to invoke IV-21 :D

    like the humor in it ...

    in todays era we are thinking everything using GC terminology ... :D




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  • glus
    02-27 09:13 AM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.



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  • guitarbam
    01-24 08:17 AM
    I just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks




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  • rjgleason
    October 26th, 2004, 05:30 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.



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  • baleraosreedhar
    11-19 02:36 PM
    I am going to send a new Invitation letter will instruct them not to show the documents unless asked for.

    Thanks
    Sreedhar




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  • whattodo
    06-30 12:58 PM
    My online status changed from approval sent to pending. Did you any further update?

    My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
    Did anyone else encounter this?



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  • Kodi
    07-14 12:28 PM
    I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?




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  • manderson
    04-18 08:08 AM
    if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!



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  • absaarkhan
    01-31 12:06 PM
    I-94 validity given by immigration officer over-rides the I-797 I-94 validity

    Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
    USCIS with your I-797. This is Per the "Last Action Rule".
    When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

    Anyway, its too late now and you have the following 3 Options:

    1. You can go any of the Customs And Border Protection deferred Inspection sites
    and get it corrected, refer to link below to go the site nearest to you.
    Also, it DOES NOT have to the same city where you entered US. You can
    go to any site.
    http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    2. You can go out of US and while entering back you should make sure you use the
    Latest Approval. You can go to Canada by Road and Come back.

    3. File for H1B Extension before June 2008 which is the Current I-94 date on your
    Passport

    Other Senior Members feel free to Add more Options.




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  • ranksxy
    12-14 01:44 PM
    geesee_99, listen to Rajiv Khanna's call on Nov 29. You can find it in the recordings section on his website.
    http://www.immigration.com/improving_immigration/conference_calls.html

    After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.




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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.




    glus
    02-27 09:21 AM
    Glus

    That was exactly what I was looking for.

    What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.

    Tks!

    That is a different story. I you have been terminated, and the termination was beyond your control, get a letter of termination, keep it in a safe place for the time you get naturalized, and move forward.




    cvk90
    07-05 01:08 PM
    Bump >> Please help



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