Monday, June 13, 2011

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  • sreeanne
    12-13 12:29 PM
    my 485 also did not show up till my FP was done, but after my FP completed, the next day it showed up in online system.





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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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  • Jaime
    09-12 02:20 PM
    Real Life :

    A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
    He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
    Both husband and wife are well on thier way to permanent residency in UK.

    Doubly bad for the United States!!!





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  • walking_dude
    03-14 10:22 AM
    There is nothing much IV can do to fix the inefficiency of the USCIS. How can IV help if USCIS cannot do its job in time? We can request them to work harder, thats all we can do.

    Multi-year EAD/APs ( 3 years) are already part of the ongoing IV Admin fixes campaign. Having 3 year EAD/APs will fix some of the issues mentioned by you.


    Guys,
    I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
    Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..



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  • sunsuri
    08-02 11:52 AM
    I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

    So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

    I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.





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  • nairvimal
    06-18 11:20 AM
    -



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  • divakarr
    09-05 09:34 AM
    just called USCIS and reached level 2 customer support. she still could not find my 485 information. She send a request to NSC to look for my application. and ask me to ask them after 45 days if I still not hear anything from NSC.





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  • shantanup
    04-08 12:17 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

    Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?



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  • krishnam70
    05-04 10:12 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

    Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

    Any suggestions on how to respond to this RFE.

    Thanks

    It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.

    - cheers
    kris





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  • wandmaker
    04-27 03:24 PM
    Hi all,

    I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?

    Thank you !

    pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
    under review - It may once be reviewed fully or partially before requesting for a visa number when available



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  • GlobalCitizen
    08-21 06:23 PM
    I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?

    My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.

    I am so frustrated and do now what to do.

    How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?





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  • arnet
    11-22 06:31 PM
    hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.


    Arnet



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  • cortel
    09-20 10:40 AM
    To be honest, I am not happy with the NPR feature. Here is why: in the minds of most people, skilled immigrants just come here in masses, and within a blink of an eye, they get their green cards. They don't know how long and bothersome the way to an employment-based green card is. The feature focuses on letting more skilled immigrants come to the US, and having more green cards available without a mention of the problems with the current process. That means: they missed that we all are already here, and have been waiting for years to finally have our green card approved. I think it'll be misunderstood by all who don't know anything about the process. So in a way: this is an opportunity missed for disseminating more information about our situation. (Also, I bet that the picture posted was not taken at our rally.)





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  • ita
    08-13 08:08 PM
    Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.

    Any reason that you want to go back to your old employer? Why quit in the first place than...

    I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.

    Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?

    Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.

    Thank you.



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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • CRAZYMONK
    09-25 11:29 AM
    Hi,

    I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.

    My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:

    a) H-1B extension
    b) PERM
    c) green card

    If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.

    I would really appreciate if you could reply with cases you've seen or experienced in the past.

    Thanks in advance.

    I don't think you would be able to get through any of the list with the expired passport. If you are applying for it before your passport expires, I think you should be good.

    By the way which country you are from?



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  • natrajs
    06-24 11:24 PM
    http://www.msnbc.msn.com/id/25356825/

    http://money.cnn.com/news/newsfeeds/articles/apwire/99b403f496f2ed426260e2b3b3a589c0.htm





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  • falarcari
    04-05 09:31 AM
    Хеллоу all!
    Посмотрите на сайт:

    Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)

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    Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
    _______
    Спасибо





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  • amslonewolf
    06-01 06:44 PM
    My attorney is taking his sweet ass time.. so mine will be around 10th..





    das0
    06-22 09:30 AM
    [QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.





    Michael chertoff
    05-14 12:21 PM
    You are asking best of best in the area which has US most richest counties and for $300K.
    Its hard but housing market slowdown may work in your favor. Very good move, good luck.

    Bahot theek Bhaiyaa..



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