Tuesday, June 21, 2011

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  • lost_angeles
    06-29 08:47 PM
    Thanks Dhundhun

    You need to follow instructions. It makes no difference in processing time if your I-485 application is pending in NSC and based on instruction you need to apply in TSC and Vice Versa.

    In fact I think, load sharing is going on. I applied I-765 at NSC but case is handled by MSC. Don't be surprized, that you apply at TSC and case being handled by other office.





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  • paskal
    01-23 02:33 PM
    it does say clearly that the bill will include provisions for skilled workers....

    we have never quite been the center of attention, maybe that will be for the best, we can only hope :-)





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  • bomber
    08-08 12:14 AM
    Yes , the employer is Desi. who else can do something like this ? :mad:

    After 6 months, can't we simple change employer on H1B and fire the previous attorney and ask him to send all the documents to the new attorney?
    Can USCIS send a duplicate receipt notice to our home address on our request?





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  • tejonidhi
    10-02 10:52 AM
    I suggest you to think of investment options like stocks( only suggestion not an advice) I agree with other members as I presonally think paying the house loan is not a good option as we have to pay more tax to uncle sam. Enjoy the cash benefit that you get for your TAx and keep some money in Bonds and stocks and a little liquid cash( 10K to 20K).



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  • JunRN
    09-22 11:14 AM
    But they are not yet finish with the horse bill. I think Republican's Smith and King will again filibuster by trying to put in a lot of amendments to the horse's bill until the day is over. The chairperson is not doing good countering the filibustering of the Republican side.





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  • Ramba
    11-19 06:59 PM
    Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,

    A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.

    (Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)

    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).



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  • pitha
    08-14 01:58 PM
    I like your optimistic attitude but unfortunately I don�t share it because of past and current behavior of USCIS, like for instance how they willfully disregarded the 180 day name check memo. Do you really believe them when they say name check will be cleared in 2009, just like the current name check memo the fbi name check clearance will be thrown in a dustbin. If by a miracle name check is solved they will come up with some other check delay for example IBIS name check delay. the bottom line is if there is a will there will be a way, USCIS has no will what so ever to help us. Good luck to everyone but just build a reservoir of patience because if you have hope on USCIS you will pay dearly.


    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.





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  • IV2007
    05-07 12:31 PM
    Guys, I am from Farmington hills, region.

    I am in the close proximity for Detroit meet.
    Let's all pull together in the efforts.

    I can organize to meet up any senator or house reps and present our case .

    Here are my details.

    shree.rk@gmail.com
    313-212-3560

    Also mailed Amit, Prasad & Anand.

    -Shree



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  • coolest_me
    02-08 06:03 PM
    One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.

    Disclaimer - Talk to a tax professional.

    Thanks

    Does someone knows if this is true for Traditional IRA also ?





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  • Libra
    08-14 10:25 AM
    When did i demand? I always say 'please contribute', do you understand what that's mean? I was replying to Gemini23 post bcoz this is not first time he was bashing me for asking for contribution, i even requested many times, members who contributed update signature and motivate others. If you have contributed please update your signature, if not "please" think one more time about the contribution.

    This is the link for contributions
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    take it in a positive way, am here asking members to contribute for your own good cause. when people dont look into contribution thread, am requesting in the threads where most members are discussing, i hope this post is not demanding and offending.

    Libra,
    I think everybody here appreciates your effort to get people to contribute. But use of such demeaning language is simply uncalled for.
    This approach will simply drive away new members and degrade IV's reputation.
    Another question is how do you know if somebody has not contributed. Maybe they did, but just didn't update their signature.
    I almost don't feel like visiting here anymore because of all this. Bu you know what, missions of IV are way more important to us.. so much that we are willing to put up with all this and help IV further its missions.

    Maybe, we should explore other avenue of making money, like banner ads and targeted SE ads.



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  • mirchiseth
    06-06 10:49 AM
    The con's mostly depend on whether you have already exhausted your 6 years of permitted H1B.

    From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.

    Does anyone think it would be problematic to transfer H1,

    if the person is in the > 6 year of stay on H1B
    has approved I-140 and
    I495 pending > 485 days





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  • mrsr
    03-06 08:00 PM
    hey pd-capturing,

    when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them



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  • GC_1000Watt
    08-04 12:36 PM
    Mumbai consulate.
    They asked for zero documents.
    I had taken a ton of documents
    Salary slips
    Tax returns
    I129 petition copy
    H1 approval
    Name it I had it

    But he asked me nothing

    And did you also hand submitted $19 demand draft for the difference in new and old fee (assuming you filed $131 visa fee before June 4th)?
    If yes, then were there any concerns regarding that? Please share.





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  • pragir
    10-16 03:14 PM
    Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.



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  • horus
    09-14 10:29 AM
    PD: 4/3/2007 (EB3/Other)
    I140: RD 5/23/2007 ND 5/24/2007 LUD 6/22/2007 (pending at NSC)
    I485: RD 7/2/2007 ND 8/28/2007 (Sent to NSC, receipt received from CSC) transferred to NSC on 9/4/2007 LUD 9/6/2007
    EAD: card ordered 8/30/2007, received 9/6/2007, LUD 9/4/2007
    AP: approved 8/31/2007, not received yet, LUD 9/4/2007
    FP: no notice received yet





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  • Scythe
    03-20 09:14 PM
    I think what makes it so interesting is the fact that its a little controversial and actually makes you think.

    Well I find offensive the implication that asking if you've read the bible makes you think.



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  • johnimmi
    01-08 10:39 AM
    Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.

    So if possible it's better to go in person and explain. My 2 cents.
    I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.

    1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
    2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
    3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.

    4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
    action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
    local CBP - Deferred Inspections Office. He is working on getting some paper work ready.

    However, another way to get by this issue would have been to file for a H1-B renewal before my
    new I-94(the one issued at the POE) expired.

    My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
    I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.

    Thanks for all the great info in this thread guys!!

    regards
    John.





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  • kunallen
    01-21 11:00 PM
    Since I140 petition is for future employment, it shouldn't matter that you were on F1 when it was filed. However, you may have a problem with adjustment of status. You may have to do consular processing if you are still on F1. But since you've changed to H1, I don't think it matters again. Could you consult an attorney or pose this question at the next attorney conference call?

    I am sorry to ask the question again, but what is the consular process? and how is it processed?

    I am sorry if i sound lost here, but when is the next attorney conference call?

    Thanks for all the reply.





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  • GCMD0203
    10-04 12:46 PM
    Our AP documents were sent to the Attorneys office, it took about 10 days since the approval email from CRIS. we had received my wife's EAD at home. Still waiting for my EAD in the mail.





    luckylavs
    06-22 04:04 PM
    Guys

    My EAD renewal application was once rejected saying 485 copy missing. I paper filed one more time . This time check is en cashed and also I received my receipt. But have not got the EAD card yet. My current EAD last date is 7/22/10. I am working on EAD . So what should i do to expedite my case.

    Please advise.

    Thanks a lot





    satish_hello
    09-24 10:46 AM
    I saw my LUD cnahge 09/21 on my I-485 and my wife, and got 4 e-mail from cris, that my application was received from other center(CSC).But CSC transfered on 09/14, and sent transfer notice.

    I am still waiting for my FP.

    What does it mean.Does it mean i get my FP.

    Regards
    -satish

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