Saturday, June 18, 2011

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  • waitingmygc
    11-30 05:37 AM
    Hi EkAurAaya,

    Congratulations!!!

    Please share more info on what steps you undertook to utilize your sopouse EB-2 PD from your already filled 485 as EB-3 primary.

    It will help others too.





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  • gimme_GC2006
    07-19 02:10 PM
    even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D

    trust me thats what they told me..dunno what he thinks..:) :)


    but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..

    Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???





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  • irock
    09-25 01:52 PM
    My wife's case
    Date you filed: 07/26/2007
    Receipt Date: 07/26/2007
    Service center NSC (receipt no starts with LIN)
    EAD approved on Spet 24th 2007.

    My EAD is still pending status.





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  • UNFLUX
    05-21 06:11 PM
    good stuff DJ :thumb:

    I think once your battle-plate is cleared off a bit more, you and I should tangle. whattaya say?



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  • JunRN
    10-19 09:34 AM
    I am not telling the July and August application only, but total pending. The 320,000 is the total AOS application receipted due to JULY VB....that is not including those pending before July.

    My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.





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  • nomi
    12-11 12:31 PM
    :mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!

    http://www.immigration-law.com/



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  • EndlessWait
    01-10 04:50 PM
    but its a long shot.. do u've EAD or H1...r u in status to fight while u work





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  • belmontboy
    05-12 10:18 AM
    how many numbers are available for EB1, EB2 and EB3 out of 140,000?

    Also does any one know how many numbers spilled over in 2008, 2009?



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  • EndlessWait
    05-30 03:29 PM
    It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.

    After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.

    I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.





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  • kumar1
    04-25 01:53 PM
    Get enrolled in GNIIT course. They will teach you Java, .net, networking, datbase, algorithms and everything else that I did not put here and may be after that you can apply in EB-1 category. I am not mad but, if you do not have 4 year college degree, you should not have gone for EB-2 that too with labor substitution. It is a F***ed up system.
    :mad::mad::mad:



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  • ashkam
    07-10 10:45 AM
    How do we know if you have 40 credits?


    Where do we check or compute this?

    You get a yearly social security "statement" telling you how many credits you have accumulated.





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  • LostInGCProcess
    06-18 11:52 AM
    How can you say that its not legal? When you sign that contract or piece of paper, it means you are acknowledging to all that is in there. Whether you like it or not, when you sign a paper you essentially are saying, "hay! i read this and I agree, here is my signature"...correct me if I am wrong...

    From legal point of view, its 2 parties agreeing to a contract (by signing) however unjustified it may look. Maybe some part of the wording may be legal some may not be...

    99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.

    I am not a lawyer , and this is my personal view out of the experience on being a H1



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  • tankueray7
    05-05 07:37 PM
    The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.





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  • genscn
    01-24 04:03 PM
    Send school the copy of EAD and I-485 for her and that should be it. After that, they can report to whoever they want (ofcourse they won't because there is nothing to report since your wife can continue with the school on EAD without registering for cradit hours)

    I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.


    My questions is:
    1) Can she continue working on her Thesis on her EAD and AP ?
    2) What will happen to her f1 if she use EAD

    In response to these questions my Lawyer said

    1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.

    2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.

    What do pro�s think..:)



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  • the_jaguar
    09-20 11:11 AM
    here is a simple suggestion...
    how about a chance for a free giveaway, like a 15 minute session with a lawyer for free. This could be done in 2 ways.
    Referral mode: For every x member that any existing member brings in, he/she gets x minutes with the lawyer for free.
    Sweepstakes mode: Every new member coming has a chance to get y free minutes with the lawyer. Make this y a bigger than x.

    I am guessing, there will be lotsa people who would like to consult immi lawyers with their immi questions, and a free consultation would be a sufficient motivator :)





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  • axp817
    03-17 05:44 PM
    Thanks for the reply.
    - A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).

    - A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).

    Not sure if my understanding is right here

    That is correct, scenario 1, atleast to me, seems like a smarter choice, and that is what I have chosen to do.

    You can go back on the H-1B if your 485 were to get denied and your appeals (assuming you made any) were to fail, although I am not sure if you need to leave the country and re-enter or if you can adjust status to H-1B without leaving the country.



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  • waitnwatch
    07-15 04:19 PM
    Yeah! They're doing advanced I-485 processing for those who will submit their application within the next 2 weeks!!!!!!!!!!!!!

    Jokes aside....that's a typo...

    It is not just 10 days but over 375 days (from July-19-2007 to July-28-2008)

    I can understand how you overlooked this. :)





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  • watzgc
    02-20 11:36 PM
    Applied H1 and H4 Ext together 07/06/2007, receipt Dt 07/13/2007 and LUD on 02/03/2008. Case still pending.





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  • eagerr2i
    07-01 01:52 PM
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    a_yaja
    02-09 03:06 PM
    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    I didn't follow up on this rule as I was not interested in "early" retirement. I just wanted to know if it was possible to withdraw without early penalty. I would suggest you follow up on this if you want to take all your money to India without paying the early withdrawal penalty or paying much in taxes - either here in the US or in India.





    Aah_GC
    07-20 01:02 PM
    Vaishu,

    I have a question for you. I had lost my birth certificated and fortunately my father was visiting us so I get an affidavit signed by him. My mother is no more and my siblings are in India. Would there be a problem as I sent an affidavit in lieu of birth cert with just my father's signature? Please let me know.