Saturday, June 11, 2011

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  • abq_gc
    07-18 06:16 PM
    HI Guys,

    How do you decide, whether to file at NSC or TSC ?




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  • senthil
    07-26 01:53 PM
    wow this was really fast. can u furnish some details like
    country / EB category / PD etc for our info. good luck




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  • FebPerm
    11-24 08:32 PM
    Hi,
    Do we have to go through each and every decision of AAO by clicking on the dates or else Is there any efficient way to do that.
    Thanks




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  • indyanguy
    11-14 09:07 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!



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  • synergy
    12-03 06:29 PM
    I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...

    Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?

    Do I need to go back to my current employer once I get my green card?

    Is it possible to go back to H1B once I start using EAD?

    Appreciate quick responses.....




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  • retropain
    09-05 01:47 PM
    The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.



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  • sushilup
    05-03 10:34 AM
    Hello Guys,

    Here is my situation, it might help to many, who are planning to move to MA..

    My background License history:
    I had two full term (4 years) license in PA (I guess when I came to USA they used to give full term license) and got a 2 year license recently in NC since my EAD was valid till 2010 only.

    Now 1 month ago moved to MA:
    1- First time I went to RMV (same as DMV), very rude person, your license is temp and we can do transfer for you. You need to take written and road test again. I argued that I had full term licenses and this is not temp license. This is based on my visa and issue me till the validity of visa. Person got angry and told me, don't tell me the rules. This is temp license and let me make sure I put you on the system, so you can get any where else.
    I spoke to her supervisor and person told me the same. I came back and thought, this person might be rude and went to different RMV next day.

    2- Second day, different center and they told the same and I thought since this the rule let me start the process and take the written test and road test.

    Now the problem-
    They took all the paperwork and made copy and started with my wife for test. She went to take a test and she didn't allow me to so by saying that there is a hold for you at other place and you need to go there.

    Since my wife was not prepared, she failed and STRANGE THING, THEY KEPT HER LICENSE and didn't return. I asked that how is she going to drive etc. We can't give license back.
    Now we are stuck, until she passes her written and road test.

    Same thing is going to happen for me. I am in very painful situation and don't know the way out.

    If anyone has similar situation, please share.

    ALSO, PEOPLE WHO ARE MOVING TO MA, PLEASE MAKE SURE YOU KNOW THIS CEAZY RULE AND BE ARE PREPARED

    GOD BLESS TO US ALL..




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  • amitjoey
    10-23 02:05 PM
    -------------------------------------

    I'm sorry, few details.
    Yes, the lawyer said that he will file to Nebraska.
    One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
    About the fees:
    U.S. Government Fee: I-140- $475.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

    the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?

    PD: Date when you filed your labor. Stays throughout untill 485 is adjudicated.
    Untill you get GC.
    Processing time of 140 is based on when you file it.
    I-140 Should be filed with Lawyers help (My advice) since the intent is to show that the employer has the financial muscle to keep paying you and it is really the employers petition. I-485 is your application to adjust status, and a lot of people have done it on their own without lawyers help.



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  • gc_check
    01-17 08:21 AM
    Refer to the below url for more details.
    http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply

    Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.




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  • chanduv23
    01-04 12:01 PM
    Looks promising



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  • fide_champ
    11-06 08:55 AM
    Jet airways resumed new service to US recently. That's why you couldn't find many people traveling by Jet airways. I heard the flights are new, service is good and the travel is quite comfortable. I am travelling to chennai from EWR end of november and am looking forward to the trip.




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  • hi2sunil
    12-06 11:34 AM
    When you mail the documents, make sure you notarized the application. If you have not done it will come back to you.

    Thanks
    Sunil K



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  • newcomer
    07-11 10:37 PM
    Good one. Could also add the IV logo on it




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  • americandesi
    08-11 05:39 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.

    What you say holds good only if employer A had already paid the proffered wage during those 6 months.

    Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.

    Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.



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  • ivar
    03-31 05:16 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...


    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).




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  • newuser
    12-02 10:10 AM
    I had a similar issue six months ago.

    I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.

    Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.

    Hope you get the documents on time.



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  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.




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  • gjoe
    03-10 06:15 AM
    Some of you have been receiving the USCIS response about your FOIA request.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX

    Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.




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  • The7zen
    09-29 01:44 PM
    Central Board of Excise and Customs (http://www.cbec.gov.in/)

    Personally we never had problem carrying personal Jewelery.




    sss9i
    11-16 01:22 AM
    I will join and I am from Phoenix.




    velan
    05-10 08:28 AM
    Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.



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