Wednesday, June 8, 2011

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  • franklin
    07-20 08:43 PM
    To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

    However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

    To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



    The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.





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  • gk_2000
    10-20 10:13 PM
    he is leading his dem candidate by 30 points in one poll

    Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)





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  • desibechara
    06-20 01:03 AM
    but what is notice of forward...in labor certification..the phone number is
    written on the labor document..

    PD 2001 Oct
    TR..was about to convert it to RIR,,,but they started the process already..




    DB





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  • joydiptac
    03-17 02:31 PM
    I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
    Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
    He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.

    So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.

    B'Informed... B'Entertained...B'Khush
    www.bkhush.com



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  • tabletpc
    01-11 09:29 AM
    Guys please help me with below questions.

    Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
    Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
    Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
    Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
    [B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.

    B]
    I appreciate your advice

    Have a nice trip..!!!





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  • santiwar
    07-21 09:38 PM
    If John Lennon was alive, i am quite sure he would be a member of IV. considering how much paint he was put through to get a green card...

    For those who have seen the documentary " U.S. vs John Lennon" documentary will certainly know what i am talking about.

    His way of protesting was actually quite similar to ours. He was a self proclaimed "Peacenik". He protested by laying in bed and growing his hair...

    For those interested in this documentary can look for it on Google Video. Just checked, its still there. Just search for "USVSJL.avi "

    "All we are saying.....is give GC a chance"

    Peace out!



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  • chi_shark
    02-18 01:58 PM
    That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .

    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...





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  • bkarnik
    05-18 09:24 PM
    Alabaman,

    We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.

    There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.



    See what I said earlier many times, including here:
    http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55

    BEE: If I am not mistaken, there is a brief clip showing the chinese members.



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  • petersebastian
    04-01 06:00 PM
    Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.

    And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.





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  • absaarkhan
    01-10 04:28 PM
    You Can work for the same Employer On H1 even after entering US on AP.

    It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
    Please let us know if anybody has done this successfully.



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  • Sakthisagar
    06-11 11:35 AM
    Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

    Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

    Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.





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  • Imm_Exploited
    07-30 11:00 AM
    I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:

    1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.

    2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).

    3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?

    IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.

    Sincerely - IE



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  • rajenk
    08-12 12:46 PM
    Thank you all for your response.

    The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

    Questions:

    1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
    2. If that is the case then in my situation should I safely assume my wife's application was rejected?

    Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

    My PD is 11/30/05 EB3

    Thanks
    Raj





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  • WAIT_FOR_EVER_GC
    06-12 02:38 PM
    I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...

    that eventually. .the CIS will resort to the best option they have....

    They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).

    USCIS have already adjucated a lot of cases. They will not issue RFE's left and right.
    They issued a lot of green card's without RFE's last year



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  • glus
    02-20 10:36 AM
    Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.

    The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
    one is illegaly present in the U.S. as long as one:

    1. Is married to a U.S. citizen;
    2. Is otherwise admissible to the U.S. and;
    3. Has entered to the U.S. via legal means.

    If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.





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  • qualified_trash
    08-30 11:38 AM
    yes there is. CALL YOUR LAWYER



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  • sayonara
    09-11 06:20 PM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

    Did your 485 get transferred to another center?

    I am asking because my 485 was filed in NSC, went to CSC (along with my EAD and AP) and I got a transfer notice from CSC that my 485 has gone to NSC and the RD is 28th (I am a July 2nd NSC filer). Trying to gauge if my 485 receipt notice will have Aug 30th or July 2nd date.

    TIA





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  • bkarnik
    05-01 01:29 PM
    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).

    No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.





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  • tnite
    06-18 04:04 PM
    Under Part 3.

    What should one put for
    1. Nonimmigrant Visa number
    2. Date Visa Issued
    3. Consulate Where Visa was Issued.

    I'm currently on a valid H1 extension with a valid I-94. My current visa on passport has expired. Anybody any ideas????

    1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
    2.whenever the expired visa was issued
    3.whereever it was issued.

    I assume you renewed your H1b eventhough you'r H1b stamp expired.





    shantak
    04-29 02:19 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.





    aristotle
    07-11 10:59 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS

    Congratulations!! Why didn't you do Concurrent filing in June?



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