Monday, June 13, 2011

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  • singhv_1980
    01-31 10:41 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?

    Thanks for the info.

    I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.

    May god bless us all.





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  • PD_Dec2002
    06-12 07:18 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them

    What is "evl"?

    Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?

    Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.

    Thanks,
    Jayant





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  • thakkarbhav
    11-17 09:17 AM
    DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.





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  • sin94
    06-04 02:04 PM
    Isn't this disputable by the Lawyers?

    I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.

    Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.

    disturbing trend if true.



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  • anurakt
    01-14 06:30 PM
    I think we may have spoken about this , but here is my question :

    My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

    1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

    2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

    3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?





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  • Pandi
    03-28 02:21 PM
    Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.



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  • kondur_007
    09-15 11:17 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.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.





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  • itsokgc
    08-10 05:14 PM
    I am in the same boat. However, I have issue with my I-140, where there is typo in the Priority Date.

    I have infopass appointment tomorrow. Hope dates will not retrogress behind Feb 2006.



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  • pappu
    09-18 05:23 PM
    If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.

    Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.





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  • julsun
    01-03 09:15 AM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?

    Thanks



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  • go_guy123
    05-17 07:09 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others

    Asylum is lot more easier. In fact citizens of Cuba just have to show up in US and they get GC. GC is infact easier for people from China as there is always an option to file for Asylum given the communist govt.

    In this case, though Obama said that course of law will follw. But ofcourse USCIS wont
    pursue the case agressively and give up ("throw the match") and not go for appeals etc.





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  • eagerr2i
    09-08 01:38 PM
    http://prweb.com/releases/2006/9/prweb435159.htm



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  • supender
    12-27 02:19 PM
    I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.

    Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.

    Please advice





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  • forgerator
    05-20 10:15 PM
    Here are my thoughts about this so called Conversation:

    the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.

    It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.



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  • trueguy
    08-11 10:40 AM
    Here you go!


    thanks willwin





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  • Libra
    11-15 02:08 PM
    bumping the thread.....anyone out there to join MN state chapter?



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  • ragz4u
    02-24 12:27 PM
    Thanks to gc_check for posting this info here (http://immigrationvoice.org/forum/showpost.php?p=1855&postcount=175)

    The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181

    This is a really long document...but a few things that I glanced through are

    1) Advanced degree in STEM + 3 years work ex = no numerical limit
    2) Total EB category visa bumped up to 290,000
    3) Dependents not to be included in numerical cap

    All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.

    Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!





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  • desi3933
    07-13 11:43 AM
    I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11

    Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.

    How did you "generate paystubs for wife"?
    Would you please explain.





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  • ita
    11-12 09:42 AM
    My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.

    What is the # u called to talk to CSR?





    mvsreddy
    11-06 05:15 PM
    Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???





    pcs
    11-11 08:59 AM
    Great job Bud.... Use local forums to spread the message...



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