Monday, June 27, 2011

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  • GotGC??
    05-15 01:28 PM
    Thanks...is your 140 in NSC or TSC ?
    My case is also similar and I decided to go with EB2

    My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

    My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.




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  • STAmisha
    11-15 12:42 PM
    You dont need a new H1 to come back to USA from Canada.All you need it is a valid I-94 and I-797. Dont surrender the I-94 at the border. This rule is called automatic revalidation rule.




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  • puskeygadha
    05-22 11:42 AM
    After labor is approved do we need hardcopy of labor to file
    I140 and 1485..OR ELECTRONIC RECEIT WILL DO


    tHANKS




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  • GCwaitforever
    11-17 09:00 PM
    My Dear friends I need your valuable suggestion. I have decided and fixed my mind to return home after 8 years as I recently got laid off after working 4 years in same company. My EB2 LC was pending last three years Dallas backlog. My previous employer will mail me W2 to my India home address. I do not know how to file Tax from India. Do I need to buy Turbo Tax software before leaving home? You can understand my present scenario. Any kind input will be much appreciated.

    Very sorry to hear about the layoff. Filing tax from India is not a big deal. Many tax web sites accept credit cards or let you pay the tax filing fee out of your incoming refund or your bank account. You do not even have to wait for your W-2 to pay taxes if you read your last paycheck carefully.



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  • belmontboy
    02-26 05:37 PM
    Original LCA salary is like 58k and current one is 40k

    40K??? you kidding right?
    You probably would earn more if you are working at Walmart. See if you can transfer your H1B to Walmart




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  • jayleno
    12-15 11:59 AM
    Buddy,
    Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.

    Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

    Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

    Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

    But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

    Or she can continue to stay by switching to F1 status.
    Thai is the best way.



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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.




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  • shreekhand
    08-12 05:54 PM
    OP,

    Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.

    That said, I have seen others get the reply you got before and then gotten approved in a few weeks



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  • akred
    02-24 04:23 PM
    Isn't there a state which needs a valid visa stamp in order to issue a driver's license? You need to be able to drive to work, therefore visa stamping travel and expenses can be justified as work related expenses if you happen to work in that state.

    On a related note, there may be a profitable business somewhere in offering tax penalty and audit "insurance" for deductions ;). Pay a premium to the insurer to cover the value of your deductions and the insurer will pay up in case the IRS disallows the deductions.




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  • chinna2003
    03-11 09:21 AM
    I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
    Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.

    In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?



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  • gc_wannabe
    06-17 08:40 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.

    So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.

    Thanks.




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  • rajuram
    04-18 09:34 PM
    I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.

    Any way, pack your bags or wait for ten years.

    Folks,

    Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!

    Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.

    Does anyone have any updates to share with the rest of us?

    Thanks,
    Andy



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  • JunRN
    07-17 12:09 AM
    Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)

    My previous work experience is outside the US.
    Do they also ask for tax returns from one's earnings outside the US?




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  • permfiling
    01-18 10:47 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc



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  • ArkBird
    07-09 04:22 PM
    I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.


    Hope this helps.

    ArkBird

    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!




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  • GCSOON-Ihope
    11-03 04:04 PM
    Hi,

    I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?

    Thanks.

    Is medical coverage provided by the company to all other employees?
    If so, there is no reason why you should be denied coverage, H1 or not...
    Otherwise, there is no legal obligation from the employer to provide medical insurance to his employees.
    Welcome to America.



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  • coopheal
    06-17 11:45 AM
    Please add a to link to this on home page.

    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.




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  • funny
    09-16 12:31 PM
    Everything else can wait till tomorrow....All the "Help needed..." Threads and "HOW USCIS Sucks..." "Please Help.." threads can wait till tomorrow....Only thing that matters today is YOUR phone Call...




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  • kirupa
    06-06 02:41 PM
    haha - I just removed the first green stamp and added 1 to his other stamp :)




    Marphad
    12-03 04:30 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!

    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.




    houston2005
    07-20 05:50 PM
    Once you get the I 485 receipt..you can apply EAD on your own..Why you need to beg for that to the Employer. Let it go. File for your I 485 and get the receipt. That's enough to keep you in status.

    Filing AP and EAD are very simple process and you can do it on your own.



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