Friday, June 10, 2011

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  • lord_labaku
    12-16 01:40 AM
    Your code has lot of syntax error. (for your reference - message window has spell check feature inbuilt)

    Sorry..could not resist.

    On a serious note, please read the AC21 rules and interpretation





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  • chanduv23
    04-21 03:11 PM
    Gurus,

    I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

    Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.

    If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.

    Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.





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  • krishmunn
    01-24 02:40 PM
    Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


    Thanks,
    Prasad.

    Probably around April 2007. I was hoping it will clear till July 2007 but does not look like





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  • ksairi
    05-12 02:59 PM
    Thanks



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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria

    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)





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  • whiz
    11-19 06:14 PM
    Depends on a lot of factors. My Sister in law, who in 24 yrs, working in India (for less than a year) and applied for Visitors visa and got it. There could be several factors that helped her.

    1. She is coming for her sister's graduation.
    2. She went for VISA stamping with her parents. (not sure if helped but I think it did)
    3. She is non-IT and had her paychecks.
    4 Consulate?? (she went to Hyderabad consulate).

    My advice. There is luck factor. Get your documentation right and hope for the best.



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  • krishmunn
    03-07 12:23 PM
    You will retain your PD.

    If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.

    That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.





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  • kriskris
    03-17 03:07 PM
    According to IRS
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html
    If any member has ITIN, economic stimulus package benefit will not be given.

    You can definitely give it a try because when we went to apply SSN for my wife, they didn't ask for EAD even though we were carrying it. They might be able to give based on AOS, but I am not sure. You can give it a try since you have nothing to lose.



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  • asdfgh
    10-15 05:53 PM
    Just got all receipt notices - 485, 131, 765. Online status shows "EAD card ordered"; "AP Approved - Notice sent". No FP yet, but overall its been a good day.


    CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.





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  • reddy77
    03-08 08:06 AM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

    I believe the salary mentioned in the labor is the future salary, That means you should be paid that much after you got your GC. It is not the present salary...



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  • krishmunn
    09-21 07:11 AM
    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.





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  • kavita_abb
    10-09 12:18 PM
    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav



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  • tertip
    03-11 08:04 PM
    Arkbird,
    I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.





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  • indianabacklog
    10-25 02:28 PM
    Thank you for taking the lead on this.... I'll be @ 11:00 am

    Excellent. Will be there. I suggest we meet outside first so we do not look stupid wandering in aimlessly.

    My name is Lynne and I am from the UK.

    Looking forward to meeting you.



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  • meher
    12-24 10:38 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD





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  • BharatPremi
    08-10 05:22 PM
    guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.



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  • sac-r-ten
    03-22 11:03 AM
    Thanks Sac-e-ten,
    My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...

    Yes, i think you have to appeal through a lawyer.

    1. BTW what questions were asked to you during interview?

    2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?

    If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.

    Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.

    Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.

    Hope things get resolved for you.Good luck.





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  • xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"





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  • Bhaskar_80
    06-10 02:29 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,





    sgorla
    02-23 02:38 PM
    I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.

    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?





    PrayForEveryone
    07-11 11:10 AM
    140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
    It got approved yesterday!



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