Monday, June 13, 2011

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  • harikris
    12-05 09:56 PM
    Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

    I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.

    Thanks.





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  • puskeygadha
    07-11 04:38 PM
    I am in the same boat.
    I think good idea will be to ask lawyer and seek opinion..
    my fragomen lawyer said they do not have a clue on the timeline





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  • immi_grant
    06-25 03:36 PM
    Thanks to all who responded so far !!

    I saw the denial letter and here is the gist of it from what I understood :

    Got an RFE asking for client letter (since when my case was filed in Jan 2010, I was working for the client). From then onward I am off and on with the same client depending on their schedules / needs.

    So when we got the RFE, I was not working for the client. My attorney replied to the RFE stating that I completed my project before time and now internally working on product development (which we do ) and produced the time sheets and everything for the internal project as well as for the client till the date of completion.

    My case got denied reasons pertaining that USCIS asked for client letter, but you (petetioner) submitted papers that he is not working for the client anymore and now working for an internal project. OK. But where is the client letter that we asked for ? Since you didn't produce that, we are denying the case.





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  • raysaikat
    06-20 08:59 PM
    [snip...]
    As long as you have the I-797 approval petition you are good.

    S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.



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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.

    Thanks.

    Ams





    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?





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  • indio0617
    12-31 07:52 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?


    YES. I believe that will certainly be re-introduced as one of the measures in 2006



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  • pak
    07-12 08:56 AM
    Please visit

    http://www.congress.org/congressorg/mailapp/

    enter your address to find the senetor of your area.

    Fill up your contact info.

    Paste the templet:

    I am a highly-skilled professional who entered this country legally. I've
    been waiting for my US permanent resident visa -also known as "Green Card"
    for the past several years along with 500,000 other educated, highly
    skilled employment based (EB) immigrants. Many of us have been waiting for
    our turn to get Green Cards for 5-10 years while consistently abiding by
    all the laws of this country. Such long delays are due to tortuous and
    confusing paper work, backlogs due to various quotas and processing delays
    at US Citizenship and Immigration Service (USCIS), other allied state and
    federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were
    unavailable ("retrogressed") since the fall of 2005. For the past several
    decades, the US Department of State (DOS) has been publishing advisories
    known as visa bulletins once a month to announce the availability of
    immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
    DOS announced that all EB visa numbers would be "current" for the month of
    July. This meant, irrespective of our "priority date" (date assigned to us
    for our turn in the line for Green Cards), all of us were made eligible to
    apply for some interim immigration benefits. This "priority date" refers
    to the date when our labor certification (documentation verifying no US
    citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate
    green card for most of us; but at least it would have ensured us interim
    benefits such as the right to travel and right to work for any employer-
    this was still a welcome change. Especially, for dependent spouses who are
    otherwise unable to work, this would have translated into right to travel
    and work without restriction and thus channel their energies positively.
    Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees,
    immigration medical exams & vaccinations & getting various supporting
    documents ready to file our immigrant petitions to USCIS, at times
    inconveniencing our old parents in our home countries as well. It has been
    an agonizing two weeks for us. Some of us to had to fly in our spouses
    from our home countries or have had to cut short business trips. Hundreds
    of millions of dollars were spent by thousands of immigrants in
    preparation of their application. To our shock and dismay, on the morning
    of July 2nd 2007, USCIS announced that EB visa numbers were not available
    and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and
    disheartening experience. These are people that are in the country
    legally, paid taxes and followed all the rules.

    We sincerely seek immediate congressional/ legislative remedial measures
    which would (1)Reduce the enormous backlogs of green card petitions of
    legal skilled immigrants (2)Ensure and request USCIS not to reject our
    immigrant visa petitions filed in July and provide us interim benefits of
    a pending immigrant visa petition. We make this sincere request with the
    hope that people who played by the rules will be rewarded.

    Sincerely,


    XX

    You will receive confirmation from senetor's office.

    Thanks





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  • thomachan72
    11-08 03:03 PM
    regarding carrying older LCAs;
    It might never be asked. However, the only time it is asked is when you dont have it with you.
    Be prepared to carry a transparent plastic bag or so with all the documents. Its a pain but better to be careful.:(



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  • lazycis
    10-04 12:55 PM
    Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?

    Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
    http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606





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  • GoGreen
    07-18 09:58 AM
    Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.

    Has anyone done that?
    Is it easy to do that?



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  • gaurav_sh2
    07-20 07:47 AM
    I agree to maverick. I have PD of feb 08 in EB2. I was having a permenent job but I decided to move back. The main points were uncentainity in GC process. Took a leads Job in worlds largest mutual fund company at bangalore as DBA.
    Thing are working out great, since I can do what ever I want without worrying about any paprework.

    All though I am really flustreted with bangalore traffic but you have to deal with it..





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  • mrajatish
    09-18 10:12 AM
    Friends,
    I had created this thread to share ideas on what we can do, given the grim situation we are in. I will really appreciate if others come up with ideas and make it part of this thread.



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  • Anders �stberg
    July 15th, 2004, 04:50 PM
    Thanks QJ! They are cute.

    I also wish I could find a way of making the photography money flow the other way. :)





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  • sanju
    02-16 08:50 AM
    1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.

    2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.

    And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.

    Hope this is helpful.



    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David



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  • dagabaaj
    02-11 12:08 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.





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  • arnet
    02-12 05:10 PM
    2yrs ago, my friend did H1 extension -premium processing and he filed his wife H4 extension along with his extension application. so USCIS approved both within 15 days because both are filed together.

    if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.



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  • gcseeker28
    07-27 04:24 PM
    That was a huge sigh of relief. Thanks and I really appreciate your answers.
    Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.





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  • green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.





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  • mbawa2574
    02-11 07:52 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?

    IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.





    freddyCR
    January 5th, 2005, 04:03 PM
    Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.

    OH.....can you get me a diet-Pepsi????
    Aw..:o Thanks, buddy. I've been in other forums, and I quite like this one, 'cause people are not afraid of saying what they think... that's the only way to improve





    eb3_nepa
    10-26 04:43 PM
    Logiclife i have sent you a PM if you want to discuss this offline let me know.

    Thanks for the clarification though. Does Vbulletin have 2 seperate tables one for threads and one for messages. That is the structure that another forums software that we used had. If you have a messages and threads table seperately then maybe you can sort it simply by messageID (the primary key in the messages table). Since that column is a PK, it is already indexed and hence automatically faster



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