Friday, June 24, 2011

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  • mrdelhiite
    07-24 03:55 PM
    Thanks for your replies.

    His company is paying for it. It is a F500 company. He was concerned that filing green card now might jeopardize his current full time position in case of too many replies and RFE's.

    -M




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  • sanju_dba
    09-14 02:01 PM
    I like the idea. But I wonder if this legal...

    Good question,
    What are the raffle laws of each state? | rafflefaq.com (http://rafflefaq.com/united-states-raffle-laws/) talks about the regulations, I am not sure which state to look for.




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  • chanduv23
    12-09 08:17 AM
    Good morning


    Bumpppppppppp




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  • transpass
    08-01 12:42 PM
    I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    This is just my thinking...

    Sen Menendez vigorously supports family based immigration...I watched the failed comprehensive immigration debate on senate floor almost in its entirety. There, he was like a lone warrior arguing against the senators (Like Sessions) who said CIR bill encourages chain migration, etc...He was totally supporting visas that enable family reunions.

    hr 5882 supports recapture of lost family based visas along with those of employment based. So no surprise Sen Menendez introduced the senate version of the house bill...And that's good for us...and we will take it...



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  • 485Mbe4001
    09-03 07:51 PM
    This was discussed earlier, as far as I understand they cannot approve a case if the PD is not current. This is a part of the internal clean up where they will identify cases...no help for EB3 I/C with old PDs

    -- I was a security check victim for 2yrs and 9 months




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  • jcrajput
    06-18 04:03 PM
    Will go through it. Thanks a bunch for your help.



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  • David C
    August 8th, 2005, 10:43 PM
    A good technique idea - sort of a customisable ND filter in result.
    This is also a bit of a strange co-incidence for me - in that I had just finished doing a couple of Quantum Mechanics thought experiments using the idea of crossed linear polarizers combined with beam-splitters and then read this thread...




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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.



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  • roseball
    03-29 08:31 PM
    This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485

    In addition, with the economy picking up, I believe there will be a lot more people who will be porting their old EB-3 I PDs by starting a new Eb-2 case....effectively consuming more EB-2 I numbers but with no forward PD movement.




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  • kondur_007
    09-08 03:44 PM
    Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)

    What a pain....

    If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.

    Good Luck.



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  • immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    No
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me




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  • rkm
    07-17 06:52 PM
    Just made payment $100.00

    Thank you



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  • thomachan72
    05-12 01:24 PM
    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
    Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:




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  • mymyanmar@gmail.com
    08-11 01:31 PM
    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy



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  • eb3retro
    04-16 12:33 PM
    anyone from plano, texas here? pls PM me. Thanks.




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  • thomachan72
    10-04 02:54 PM
    I don't think so, only Green cards and citizens are taxed on world wide income.
    I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.

    Anybody with expertise with the public PF? That would be a great if we could use that. As you said we can take off the contribution from our gross for tax purpose and also the interest rates are very high (I believe >10%), and on top of that it is not taxable when you withdraw at retirement age. I am going to ask my CA friend in India and will post the information here. However, it sounds too good to be true:D:D



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  • gccube
    04-08 12:01 PM
    and they gave a consistent reply all the three times that my NC is cleared. But I agree that there are no guarantees.

    As per them the NC was initiated on Aug1st 2007. So probably the 180 day rule should cover me.




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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.




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  • nviren
    10-30 12:14 PM
    Hi,

    On my and my wife's AP cases, we got an update today. It says on 10/30 USCIS mailed the documents to applicant.

    I take that as approved. I guess the AP docs go to attorney's office, correct?

    Thanks




    krishmunn
    03-25 10:18 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
    Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.

    All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.




    serg
    10-30 08:50 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

    Thanks

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    "Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires."



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