Friday, June 24, 2011

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  • I think that the AP info that you got is goodbut


  • Aah_GC
    06-02 01:46 PM
    I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?




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  • I#39;m sorry if I come off as


  • FredG
    August 27th, 2004, 08:57 AM
    I'm with Don.. although I have a camera in phone, it's got less resolution that a hungover coke bottle dipped in vaseline jelly peering through the polar ice cap after a three night binge on beer, whisky and crack. ...
    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....Rob, What have you been eating? :D




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  • walking_dude
    11-25 06:01 PM
    To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.

    It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.

    I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)

    Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.

    If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.

    If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.

    I am confident that we will make it a success with your support.




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  • And once you lose yourself,


  • maalelsi
    02-22 09:46 PM
    I went to web site and it still shows Jan processing dates.
    How is it possible?



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  • You went away, because you


  • guy03062
    04-17 11:22 AM
    Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.

    Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?

    Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.




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  • If it#39;s important to you,


  • lonedesi
    11-16 05:28 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...



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  • quot;i want wings.quot; quot;so you can


  • gman
    12-22 11:07 PM
    Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.

    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?




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  • And you know what I


  • snaidu
    06-28 03:46 PM
    I checked Rajiv Khanna's site , there is no memo to that effect.
    Also , I am a client of their law firm and they didnt send/email any memo to this effect.

    Could you please post the link?

    Thanks

    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp



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  • I hate you s.


  • jonty_11
    08-01 01:25 PM
    They dont have to process squat...in 1 month after Oct ...they dont care...

    They will enjoy Xmas holidays any which way.....we r the ones who will suffer.
    Sorry ...just a pessimist today.




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  • You#39;ll never find the right


  • kishdam
    03-19 12:16 PM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee.

    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.



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  • What You Wear - Oh,


  • hopefulgc
    07-31 04:10 PM
    interested in charter/car pool




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  • if i could tell you one thing,


  • chanduv23
    03-03 12:14 PM
    chanduv
    thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
    thanks a lot in advance.

    Check out my blog on IV also check some threads that ran in past.

    Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)



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  • 21 fév 11 You like this Be


  • a_yaja
    01-16 09:17 PM
    Hi,

    How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?

    Also,

    8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
    3 Months of the H1B was in Chicago.

    Can I use Turbo Tax to file my taxes or should I go to an accountant?

    I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".

    I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.

    Thanks,
    Deejay

    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.

    All my initial filings were 1040 NR EZ and so I really did not need any help. In 2005, I got my tax done through IBSN (really horrible experience and I don't think I will ever go to them again) and have used that as template for next year (not much change in my details other that annual increase in salary). Nowadays I use Tax Act standard (standard version is free and also does a free eFile). I have found TaxAct to be really good (even better than IBSN - in that no money charged & spit out the same forms as IBSN preparers) but it asks too many questions which can at times be confusing (at such times I ask my friend google.com). Turbo tax might be a little bit more user friendly, but I suspect like Tax Act it will ask a lot of questions too (and it has user friendly wizards like Deduction Finder, Deduction Maximizer, etc - everything that Tax Act has too - but without any fancy names).




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  • Don: Miss Calvet and I are


  • GC_dd
    10-15 02:19 PM
    I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.



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  • Coco Rocha by From Me To You


  • hydboy77
    10-07 06:19 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."




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  • Becks
    02-10 07:18 PM
    Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.

    So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.

    So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?



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  • jonty_11
    07-05 04:51 PM
    Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
    and u dont have to get h1 visa appt (unless u ahve already booked it)....if u have any VISA in passport that is expired....u can use auto reval...

    assuming u have a VISA (expired) and didnt jump the fence.




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  • i never would have thought


  • tmskhan
    05-25 12:41 PM
    Be prepared to stay there one night. I went there last week. The whole process was very smooth for all of us who went there to renew their stamps but had to spend the night to get the passports back.




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  • wonderlust
    10-04 11:50 PM
    I believe it is random and chaotic. WORSE, we have been powerless to control or improve it. That is why we need to work together and make our voice heard!

    Wonderlust


    I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
    NJOY !!!




    senthil1
    10-15 07:03 PM
    I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.




    prem_goel
    03-08 09:57 AM
    Hello Ann,
    Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).

    Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.

    If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?


    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?



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