Monday, June 27, 2011

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  • techbuyer77
    07-20 07:13 AM
    lawyer sent 3 tax returns no paystubs




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  • JazzByTheBay
    10-10 06:10 AM
    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz

    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.




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  • sr123
    02-11 10:13 AM
    As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)

    Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.

    So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.




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  • gc_wannabe
    06-17 09:12 PM
    TOTALLY unknown...

    No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.

    So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.

    Cheers

    ArkBird

    Thank you.



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  • EB3June03
    06-17 10:08 AM
    Thanks yganreddy for your input. It might help.

    In my case, the X Ray shows nothing - so I am all clear on that.

    My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.

    I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).




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  • skd
    01-12 02:17 PM
    Skd, it was nice of you .. I gave you green :)

    God Bless everyone and everywhere.



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  • waitnwatch
    06-01 04:54 PM
    Just a thought. If wishes were horses......

    While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.

    A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.

    I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.

    (a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
    (b) Would you first see the current bill to the end and then consider other options only if it dies.




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  • permfiling
    01-18 09:08 PM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.

    Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases



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  • Illuminae
    06-05 12:48 PM
    i was sending out a resume today, and i was EVER so tempted to stick this site in my portfolio..

    then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...




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  • waitnwatch
    05-30 12:29 PM
    This may already have been discussed but does everyone realize that the merit based system will remove backlogs by the backdoor. There will be no backlogs because you have to apply every year. And if by chance you reach the 6th year on H1-B and fail to get past the merit line for that year you have to leave. If this is not scary what is?

    I would like to hear everyone's opinion on this.



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  • 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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  • roseball
    07-11 11:56 PM
    My last EAD renewal was processed very fast from TSC

    Applied: 10/22
    Card Production Ordered: 11/12

    Are all these paper based filings or e-filings?

    I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.



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  • bbenhill
    07-09 04:14 PM
    Hi, some questions regarding ur case :
    - Did u include the bank statement (in US and Indonesia) ? What is your city ? (sby, jkt or bali) ?
    - After u got asylum, did u ever go back to Indonesia ?
    - Did u give them ur bank account statement copy in US ?

    Thx


    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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  • maine_gc
    02-01 12:48 PM
    Thank you all.

    PD is Nov 2004 - EB2



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  • h1-b forever
    10-28 09:53 AM
    My friend's dependent spouse got CPO approval on 9/10 and the card itself in earlier this month. However, the primary applicant has received no approval notice. Anyone with similar case?




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  • ashkam
    08-07 09:57 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees



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  • GCaspirations
    10-02 11:53 AM
    Can one apply for Social Security # after getting EAD card ?

    Once you received your EAD card, you can apply for SSN.




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  • logiclife
    12-22 06:03 PM
    There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.

    You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.

    Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:

    1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.

    2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.

    This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.




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  • days_go_by
    08-23 04:52 PM
    in EB3, EB2 and EB1
    --
    140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
    And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
    So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
    If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
    Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
    But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
    Please correct me if I am mistaken.
    Regards,
    dgb.




    helmet
    01-15 08:37 PM
    I think they will send the results with in a week time. you have to mail them the original results certificate with in 120days.




    rbalaji5
    03-19 12:52 PM
    Friends,

    I heard that,

    Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review

    Is it True ?.



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