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Saturday, June 25, 2011

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  • ca_immigrant
    05-19 06:44 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!





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  • glus
    11-06 09:06 AM
    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
    What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!

    Hi PSN,
    Please do not worry. I have seen this happening with one of my friend's I-130. Although a different application, his status suddenly changed to "pending" from approved years ago. He took infopass and they told him it was a system glitch. A few days later after infopass his status reversed back to "approved." I would take info pass, along with approval notice and just explain the situation. Do not worry until you know the reason. Also, do not think it is some kind of an investigation. When USCIS does investigations on approved cases, the status shows "Case re-opened". Let us know what they told you after infopass.





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  • Raksha
    12-11 06:26 PM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?





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  • pappu
    09-18 10:37 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!

    Both Healthcare reform and undocumented in question are issues that affect everyone on this forum. The healthcare bill is also important before CIR happens. The posts by blogfeeds are very helpful if you wish to know what is happening around you that affect your immigration issue and what others who work in the immigration area think.

    People need to stop thinking narrowly about their EB3I PDs and visa bulletins only. If we wish to do advocacy effort, a good understanding of politics, current events that affect immigration reform is very important. Our community needs to read more about the political process, how to do advocacy efforts more than discussing EB2vsEB3 fights, tracking or sending junk emails to lawmakers. It only shows our ignorance of American political process.If we do any effort without understanding the political process, it will do us more harm than good.



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  • snathan
    07-31 01:23 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    Pls answer the above 3 questions.


    No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you





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  • Dhundhun
    07-10 01:43 AM
    .. X made appeal and you continued working with X. Why do you think this to be illegal?

    .. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?

    .. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.



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  • ilikekilo
    03-31 12:07 PM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:


    as a consumer YOU have to the right ot get taht report and dispute it, meanwhile stay calm and try work with your employer, I guess there is nothing much you could do if they jsut go by the report and they cant be liable for anyhting, your b est bet is get the report or the least the name of the company that did ur background check and go from there...good luck...very unfortunatae situation...





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  • saketkapur
    10-09 12:18 PM
    Which document to produce for people on EAD and AP?

    I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......

    Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:

    If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:



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  • senthil1
    01-07 11:02 PM
    Most SAP jobs are stressful. SAP Functional consultant jobs does not require heavy coding but most jobs are stressful and also contract jobs are uncertain and short but can get good rates


    I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.





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  • chil3
    08-24 12:40 PM
    yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

    I work for University since 2002 with very straightforward case hence suprised

    ok..here is part 2.

    Employer was able to speak to USICIS officer. He asked

    whethere

    1) I was contractor
    2) from when I was employed
    3) Work timings
    4) exact office Location

    my supervisor asked why all these questions about location and timing they said they will do a site visit

    I feel if my app can trigger this than any other app could...

    The USICs is just getting crazy with all the bueracacy crap

    USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification



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  • sankar_203
    04-01 04:54 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..





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  • go_guy123
    04-18 07:38 AM
    This is a cherry picked writeup to some extent. But ofcourse there is competetion from other parts of the world.

    "The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
    "


    Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.

    "The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.

    "


    US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.



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  • gc_on_demand
    01-20 09:37 PM
    I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.





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  • gccovet
    02-11 03:20 PM
    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!

    concatct bombino@ NY, their boys fly to India daily basis.
    GCCOvet,



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  • aamchimumbai
    07-23 12:05 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai





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  • vrkgali
    12-27 01:34 PM
    I would say wait until sulekha.com fills with ads Like "AC21 s welcome"

    to invoke AC21.:p



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  • lfadgyas
    05-20 09:15 PM
    I�m not a lawyer or attorney or anything official

    -So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

    -L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

    I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

    -After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

    -Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

    I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

    Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

    Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

    This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

    If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
    Good luck





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  • BadDeal
    05-22 03:35 PM
    It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

    I have started the following thread

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

    Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

    I am fine with any of the above.

    We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.

    Thanks!





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  • meridiani.planum
    08-11 11:41 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.

    of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
    DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.





    fide_champ
    12-20 11:05 PM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ

    Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.

    The safer bet i would say is to go out of country and come back with a new H1.





    new_horizon
    03-14 05:11 PM
    $600 for individual. $1200 for joint filing (hus & wife), and $600 for each dependent (child). Don't know if parents (dependents) are included.

    also there is a ceiling in AGI.
    Single - <75K;
    Joint - <150K

    but the amount gradually decreases as your AGI reaches the ceiling : (

    I just got the IRS letter with the info yesterday.




    Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)



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