Friday, June 10, 2011

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  • gcseeker2002
    04-09 05:35 PM
    Good luck, atleast you are in EB2





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  • kaisersose
    05-01 09:44 AM
    I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

    Thanks,
    Ag

    1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.

    2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.





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  • LostInGCProcess
    10-24 12:56 PM
    Unless your parents have SSN, you can't really claim exemption. .

    This is not true.
    I have claimed my parents as dependents when they visited me a year ago for about 5 months.
    When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.

    Thanks





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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • sparky_jones
    04-26 08:12 AM
    sparky_jones: can you give us your write up to USCIS regarding this missing field information. What was in the letter regarding this field. I plan on sending a letter to them providing this information.

    I attached a sheet of paper to my supporting documentation with the following heading in bold: "Correction Requested for e-Filed Form I-765
    Receipt # ***-**-****"

    Below that, I simply put the following statement:
    "Please update Item 12 �Date of Last Entry into the US� for Form I-765 to **/**/****. This field was omitted during the e-Filing process."





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  • BharatPremi
    09-20 06:36 PM
    Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.

    Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.

    Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?

    I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.

    I have 2 files ( Eb3 -I-old + EB2-I-New) and waiting for interfiling. Many people could be like myself here.



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  • gc_lover
    06-25 09:33 PM
    I am not sure about what went wrong with H1/H4 situation. But if you are worried about filing your 485 then you can go ahead with it and later you can add your spouse to your 485 application. Try to get your spouse back ASAP.

    Please check with a lawyer before doing anything.





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  • desibechara
    08-02 11:21 AM
    Well few comments:
    - For LC you cannot use your current work exp...it has to be relevant prior one
    - Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
    - Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
    - For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.

    Thanks and take care
    Best Regards,


    So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..

    Anyway for not to waste time in RFEs I might as well get the letter!

    DB



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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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  • needhelp!
    10-19 05:07 PM
    Thats exactly exact..

    Are you talking about the Diwali Mela event on November 10th?



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  • extra_mint
    10-12 08:47 PM
    Question is why make it mandatory ??

    There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!

    I think it is safe to assume that answer is NO

    We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.

    By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)


    http://www.ennislaw.com/gardasil.html


    I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.


    lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
    To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.





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  • abhijitp
    08-02 05:30 PM
    Greg has picked this from ..
    http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf

    and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
    Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.



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  • joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.

    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    -Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.





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  • MAC
    March 28th, 2004, 04:05 PM
    Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!

    MAC



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  • wandmaker
    06-10 01:39 AM
    I heard I-140 premium processing has been restarted. Is it true?

    No





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  • hate_me
    03-17 01:39 PM
    I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.


    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.



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  • ivgclive
    03-07 02:00 PM
    Hi,

    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..

    Regards.

    * Coming as H4 --> So, assuming to join a H1 or equivalent.
    * Spouse must be covered by his employer.
    * As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
    * Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.

    Relax.





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  • EndlessWait
    07-31 04:41 PM
    uuuhhh. I can atleast respond to the drink question! use your passport. that is valid proof of age. The law does not require everyone to have a drivers license. Driving is a privilage.......not a right. So, feel free to take your passport in as proof of age and enjoy the drinks :D

    Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).





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  • looneytunezez
    04-23 04:44 PM
    You have 10 days times after moving into new apartment. See the first line in below application


    http://www.uscis.gov/files/form/ar-11.pdf

    I understand the 10-day rule, but when does the clock start?
    The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.

    LT





    viswanadh73
    01-03 02:53 PM
    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.





    GCard_Dream
    07-13 01:22 PM
    With new threads being created every minute, it's hard to keep track of relevant threads in "Recent Forum Posts" section of the homepage. I am not saying that some threads are irrelevant but there are bunch of threads talking about the same issue or news. Lot of members create new threads without realizing that the topic has been discussed already in some other thread. Some threads are personal in nature (nothing wrong with that) but not all members will benefit from that and so on....

    In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.

    I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.



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