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  • vin
    06-14 08:59 PM
    whatever it is, recent date developments are related to the CIR. The reality will come to the surface only after the Bill is passed. I would suggest everyone to tread carefully and follow the CIR closely before jumping into filing their 485s and then regret later!





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  • snram4
    01-18 02:48 PM
    Useful info from Murthy.com

    If anyone faces similar situation they should try to withdraw to avoid 5 year ban
    The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
    �MurthyDotCom
    We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
    �MurthyDotCom
    We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.

    Things are getting worse in 2010... I hoped it would get better...





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  • lvaka
    05-05 03:40 PM
    Can anyone please help me with the EFile of EAD. I am applying for my first renewal.

    1. Question: Have u ever applied for EAD? if Yes, Date for application:
    Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?

    2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?

    3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?

    4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..

    I would appreciate if anyone can help me with this info.

    Thanks,





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  • Pineapple
    04-04 10:00 PM
    I totally agree with the majority opinion here.
    That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
    Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
    This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
    That said, is all criticism bad? Here is where it gets a little tricky.
    Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.

    But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..



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  • bkarnik
    08-11 01:35 PM
    Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.

    All our cases show this status now.

    Any idea what happens next?

    Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    Where in the email does it say that the case has been transferred to a "LOCAL" USCIS office? From your information it appears that you are a July 2007 filer. Please check your 485 receipt number, if it starts with anything other than LIN, it means that although you mailed your application to the NSC, they sent your packets to either CSC or TSC for data entry. Now that your PD is current, it is quite possible that this office is now sending your packet back to NSC (which has jurisdiction) and is now pending there.

    I say this, because, the same thing happened to me and many others whose 485 submissions were sent to difeerent offices for receipting and then those packets were sent back to NSC.

    Peace.





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  • chanduv23
    12-10 02:48 PM
    Why should a drivers license be used as an ID ?

    Even if it is an ID, it should NOT be linked to immigration status.
    An ID says this photo and details are of the person holding the ID. It is meant to "identify" a person NOT for checking the immigration status.

    If someone needs to check the immigration status, they should ask for immigration documents rather than a general purpose id.


    Summary:
    All american nonsense ! :rolleyes:

    The idea here could be to give tough time for people who do not have valid visas. If they cannot get drivers license because they are on expired visa they cannot drive.



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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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  • willwin
    08-13 11:46 PM
    If IV core can help us to set these meetings up and also provide suggestions/ideas, I think with 50 participants, we can convey what we want to. If EB2 folks are also joining us, we can seek support from compete America and have representation from them as well.

    We should keep this very low profile - meaning:

    1. No high demands - shouldn't ask to make EB3 I current in October
    2. Shouldn't compare or discuss EB2 I and C
    3. Shouldn't complain their (USCIS/DOS) work style or inefficiency.
    4. Don't compare us with illegals.

    What we should be discussing:

    1. Reference to EB3 I 2001 and 2002 cases and possibilities with new VISA flow structure
    2. Difficulties in using AC21/EAD to switch jobs
    3. Very importantly - how they view EB3 I dates not moving forward in the last few years (besides last july) and what their plans are to address it (besides passing a legislation)
    4. To give us some direction in planning for the GC wait - by providing us how many cases are pending with break-down year wise - will indicate that people can make their own decision either to continue GC process or give up and go elsewhere (we will not demand GC but seek information to enable ourselves to make a wiser decision)
    5. Their game plan if a legislation does not pass, say, for the next 2 years. Can they make some changes at administration level to help us? Like relax EAD restrictions?

    These are not high demands but fair enough questions from aspiring immigrants who are in the queue as long as 8 years!!

    We will send letters to President, Immigration sub-committee, DOS and USCIS chief, CHC members either before or immediately after the meeting.

    The intention is not to come back with GC for every EB3 I but atleast make a representation and seek some quality information from them. Also, give them the feeling that we may not wait forever.

    If these ideas are stupid, my apologies.

    I strongly believe nothing like meeting with people in person.

    And, if we are doing this, we should do this as early as 1st week of September.

    Thoughts?



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  • gc_bulgaria
    03-19 05:36 PM
    The second bill (HR 5634) says that people with PhD from US universities are cap-exempt from EB. So it means some quota will be freed up from EB1 and also from Eb2-NIW.

    Read all the bills. I guess you are bummer !!!!


    So is this bill passes, can a person with a PhD apply for a GC without an employer (same as EB1)? I am confused...





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  • Desertfox
    05-06 01:23 PM
    I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.



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  • praveenuppaluri
    08-19 01:40 PM
    Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..


    EB2 India PD 2/08
    EB1A: I 140 filed: July 2009. Pending
    EB2 NIW: I 140 filed: July 2009. Pending
    .





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  • learning01
    05-24 12:47 PM
    again. It is gone. That means you had sent the web fax.
    I just sent the webfax..
    One silly question.. How do we know it is actually sent ?



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  • conchshell
    06-19 07:37 PM
    got the email ... good job ...





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  • Munna Bhai
    10-07 05:06 PM
    Guys, this is not an Indian site. Half the posts have word Indian in them.
    I am not apologetic about being Indian but lets remain true to the IV cause

    The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
    http://abcnews.go.com/US/wireStory?id=5957063

    On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?

    gsc999, u are very correct. What about us? Someone in us can be next victim.



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  • optimystic
    09-19 06:52 PM
    Reddog,

    Smart.
    It should be how many non-citizen children.
    But you both missed one more applicant, the spouse.

    The question should be,
    Are you married and if so, how many children you have who are non-citizens. We do hope most of them should be unmarried:D.

    Am I smart too..
    :)

    Sri.

    Well the smart question would simply be a multiple choice

    How many derivate/dependent applications filed along with your I-485 applications?

    a) 1 (just spouse)
    b) 2 (spouse + kid)
    c) 3 (spouse + 2 kids)
    4) I should get vasectomy


    Peace. :)





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  • gbof
    10-26 01:31 PM
    My case is very straight-forward but some really inefficient guy is making it complicated. I need your experience and inputs. Please do advise.

    I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....

    Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.

    My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.

    Please, advise and let me know of your thoughts....

    ^^^bump^^^



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  • LostInGCProcess
    05-05 02:44 AM
    Update:
    The Doctor admitted his mistake.
    He completely forgot to mark the TB test earlier.
    He was ready to back date to avoid more inconveniance to me.
    But I told him to be sincere in all aspects.
    I basically forced him to give my wife a TB test again and also the x-ray.
    Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
    Hopefully they will mark the case as - resume processing.

    If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.





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  • loudobbs
    08-23 05:38 PM
    I havent got the physical card yet though...
    Status online says card production requested....


    Labor Approval Date: 8/13/2007
    I-140 Approved sept 2005 Attorney incorrectly applied EB3
    Applied second I-140 EB2 May 2007 EB2
    I-485 applied June 29th
    I-485 receipt notice received Aug 15
    EAD approved Aug 17

    YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
    SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.





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  • kumar1
    03-18 12:36 PM
    Correct !
    I agree with you. :D

    Incorrect!

    One can start working as soon as H-1B transfer is filed, if the beneficiary has (or had) H-1B status in past. Google for H-1B porting.


    ________________
    Not a legal advice.





    paskal
    07-04 11:53 PM
    please post the full article
    it's a subscriber site.





    quizzer
    08-23 04:59 PM
    We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-

    -Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
    -How does one activate his/her EAD?
    -Have any other late june filers already got their EAD?

    Thanks
    Sheetal

    NSC or TSC?



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