viernes, 24 de junio de 2011

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  • cal97
    12-06 03:27 PM
    July 2nd filer. NSC->CSC->NSC. Was told by an IO at NSC that my FP's have been scheduled on 10/26. Well, I have not received it as yet.




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  • devikas81
    02-09 01:31 PM
    Hi arikris,

    I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
    all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..

    Thanks,




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  • validIV
    04-27 02:58 PM
    My I-140 receipt date is Feb'20 2009..

    Dont you mean 2008 like it says on your profile?




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  • bigboy007
    07-10 07:13 AM
    The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.



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  • desi_scorpion
    08-22 10:21 AM
    for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...




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  • FOR_LIBERTY
    11-13 10:58 AM
    Folks,

    I have recently moved to Houston. Count me in as a member of Texas chapter.



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  • reddy_h
    03-17 02:11 PM
    Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?

    Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.




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  • saajed
    11-15 10:43 PM
    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A



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  • adibhatla
    02-18 12:15 PM
    I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.

    bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.




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  • ashneels2001
    10-16 08:58 PM
    check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3



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  • EB2_Jun03_dude
    04-11 11:16 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.

    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)




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  • daramesh
    10-07 12:49 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.


    waitintoolong, but the question is
    " "Are you applying for same visa class that expired in the last 12 months?"

    he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?

    my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)

    can you or someone else confirm the answer? has anyone asked VFS/consulate about this?

    thanks



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  • jliechty
    March 3rd, 2004, 03:25 PM
    IMHO, it's a fine composition of an interesting geometric pattern displayed in a subject. :)




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  • ajju
    11-13 09:37 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    Please Sugest

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)



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  • azharuddinm
    07-23 11:46 AM
    i did not inculde the P.O Box is this an issue ?
    I used the below add for FEDEX.
    Nebraska Service Center
    850 "S" Street,
    Lincoln, NE 68508




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  • Chris Rock
    08-13 02:02 AM
    We are open to all possibilities in getting relief (big or small) for the community.
    You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
    Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.

    BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.

    Thanks Pappu for your reply.

    I am not trying to get your status report. I do not want your battle plan either. I am trying to figure out if there is any ray of hope...

    Yes there is no one-line amendment. But the objective of an amendment can be one line. That is what I mean. I saw many amendments before and am familiar with the political jargon. You are thinking that I am a novice when it comes to Immigration. That is ok and that is not the issue here.

    Recently in one fundraising thread, I counted the number of retrogressed PD members contribution to others. Its in the ratio 1:5. The reason for this thread started at that time.

    If members know that IV has the right strategy and right connections then the support to IV will be overwhelming. That is all I want to convey in the thread.



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  • tnite
    10-05 09:28 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..

    I dont think you will get a rejection. RFE is the most likely answer
    Am I 100% sure, No




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  • loudobbs
    09-25 12:12 PM
    for NOT answering my question!! :mad:



    Mr LouDobbs!!

    What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything

    EB2/India/PD - July 2003
    I140 approved - Dec 2006 at TSC
    I485 mailed on 29th June to TSC
    RD for 485, 131 and 765 is 8/15
    recd EAD with Country of birth USA!! - 8/23
    FP done on 9/14 - Got LUD after FP
    Recd I 765 on 9/19




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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved




    gcisadawg
    02-03 02:09 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    RUN buddy RUN! This forum is for LEGAL immigrants trying to get their employment based green cards. There are people from EB3 with PD from 2001 ( yeah, TWO THOUSAND AND ONE) who are maintaining their EB status diligently by having a steady job and waiting and waiting and waiting for their GC to come.

    Now, you coolly come and say what you have just said and have the gall to ask for advice.

    The same applies to other poster 'nehas' also who had a similar question.

    Thanks,
    GCisaDawg




    amsgc
    01-15 11:03 PM
    Not quite, the link doesn't work :)

    http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:

    NICE



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