Saturday, June 11, 2011

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  • roseball
    11-14 10:43 AM
    If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.





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  • vegasbaby
    06-10 09:50 AM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti


    I have a 3 yrs Diploma from BTE - Mumbai & 3 years B.E. from Univ of Mumbai. In Mumbai, you can do 10 + 3yr Dip + 3yr BE OR you can do 12 + 4yr BE. Eventually 16 yrs of education is more important + there is no difference between the degree awarded to you & someone who does a 4 yrs degree.

    I have EB3 pending & have currently labor done under EB2 with no issues.





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  • sgupta33
    03-20 03:56 PM
    bump





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  • msyedy
    12-20 09:36 AM
    Masti Gai..

    Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.

    Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
    with you.

    All these legal question can be answered by a Lawyer than this forum.

    Ask a lawyer... you will be satisfied



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  • tabletpc
    01-07 11:29 AM
    its a gray area....

    If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!

    its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!

    Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.

    My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!

    Good luck





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  • NKR
    04-17 02:32 PM
    Who gave you a red dot for the very first post here?


    His employer..



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  • chanduv23
    08-07 08:04 AM
    Please visit http://iv-tristate.blogspot.com

    Please make it to this event





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  • chalamurariusa
    05-01 12:53 AM
    She did all that a normal F1 student does. Applied for her F1 Visa, parents showed the support documents and all. The Fiance was not mentioned anywhere either in the papers or the interview. She came here as a student and after a few months they got married again according to US laws. Till then they did not disclose their marriage.



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  • pappu
    12-28 02:23 PM
    NSC Dec 2007 Processing Times says:


    Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?

    If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.





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  • chanduv23
    08-06 04:38 PM
    ^^^^^^^^^^^^


    Please participate in publicity campaign, click on this link
    http://immigrationvoice.org/forum/showthread.php?p=141453#post141453



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  • dummgelauft
    03-31 12:42 PM
    For once, I like what Grassley is doing.





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  • amitjoey
    08-15 12:58 PM
    I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.

    The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.

    The only thing that can help us is a legislative fix. Please help IV help ourselves!


    Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


    NO FIFO whatsoever.

    They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.



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  • adGurkha
    01-17 10:48 AM
    Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?





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  • vin13
    01-06 08:41 AM
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.



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  • optimist578
    03-18 12:34 PM
    Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572

    ----Quoted from website -----------------

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
    Status: Introduced
    This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

    Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
    Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.


    Bill Sponsorship & Cosponsorship Statistics:

    Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
    ================================================== ====

    How encouraging is that?

    Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
    ---------------------------------------------------------------------
    Still fighting on... $50 p.m. + Lobbying with local Representatives...





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  • Ann Ruben
    06-22 12:10 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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  • mps
    09-07 08:20 PM
    you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???

    NRE account has much lower interest rate compared to NRO like 3% vs 8%. FCNR by definition is low interest rate very close to what native country of FCNR currency offers.





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  • kurtz_wolfgang
    08-15 04:23 PM
    First of all Thanks to GCGreen and WantGC. I really am grateful to both of you. Without any know-how I had to bite dust from others.

    I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.

    Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.





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  • willigetgc?
    09-09 09:21 AM
    Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.





    WeShallOvercome
    07-30 02:13 PM
    All the Receipts go to Lawyer Alone.

    You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.


    Even FP notice? I think it comes directly to you..





    shankar_thanu
    08-03 11:11 PM
    How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?

    According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.

    When i went with infopass for some other issue back in feb I was able to get the status without issues.



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