Thursday, June 9, 2011

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  • AgentM
    01-25 10:15 PM
    Hi,
    If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

    Thank you.




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  • wonderlust
    07-19 12:17 AM
    :confused:
    My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.

    I did not send mine. Hope it's not a problem.
    W




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  • lccleared
    08-26 06:04 PM
    I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.




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  • amit79
    04-10 05:00 PM
    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

    I read this as saying this....
    The 163k number includes the advance degree number. So it is 132K for general and 31k for advance

    Ys, total petitions received are 163,000



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  • puskeygadha
    12-02 07:32 AM
    but employer keeps the LC and I-140. If I move to new employer
    what is the proof that my I-140 was approved.

    Thanks




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  • newuser
    10-06 04:06 PM
    I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
    How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
    I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

    I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

    Does any one else had same experience?

    Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda



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  • saimrathi
    07-17 02:58 PM
    This is from Logiclife.. all hope isnt lost yet

    The latest update we received is the the annoucement to be made soon will be as follows:

    1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.

    2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.

    This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.

    Thank you for your patience.




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  • mmanurker
    04-13 11:48 AM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.



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  • prem_goel
    12-03 10:15 PM
    Many congratulations. I will appreciate if you can share your experience in detail.
    1)The documents you carried along with you.
    2)Hotel where you stayed
    3)Did you have the tourist visa for mexico?
    4)Did you get H1B for 3 years or less?
    5)Questions VO asked.

    Thanks.
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.




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  • wait4ever
    11-09 05:44 PM
    What is wrong with people here ?

    The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.

    People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.

    Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.

    Enough said :mad:



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  • kk_kk
    05-19 11:50 AM
    You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.




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  • logiclife
    12-04 11:59 AM
    I'm with you, why is everyone so afraid?
    God knows there would be enough people for a class action lawsuit against DOL.

    My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
    Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
    And I thought "developed" countries worked differently than "developing" countries.

    If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
    USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time

    For the lawsuit.

    This isnt the first time people have thought that lawsuit against DOL is a good idea.

    That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50

    Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.

    And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.



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  • tnite
    06-26 03:29 PM
    While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

    Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)


    Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)

    Question:Name misspelled on I-485 NOA

    Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.

    On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.

    So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.

    Thank you.

    Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time

    An attorney has suggested them to take an infopass appt and I suggest you do the same




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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!



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  • lvinaykumar
    05-14 01:04 PM
    i dont see change in any of the dates...... :D




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  • nareshg
    10-02 02:12 AM
    Anyone with Oct 06 or earlier RD still waiting for I-140 approval?

    Me-:(
    I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!

    Are you also waiting for 140 approval ?

    I think h my filing (or was it receipt date) was oct 24, 2006.



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  • gcfriend65
    12-07 02:47 PM
    Its ok to take online classes as long as you are on your h-1.

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)




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  • meridiani.planum
    05-18 12:56 PM
    If this passes this will be awesome for Ph.D. graduates.

    and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...




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  • desi3933
    07-20 04:53 PM
    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)

    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.




    akkakarla
    08-05 06:04 PM
    Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.

    Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.

    Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.

    Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.

    Step 5: Attend the interview and make sure to take all the necessary documents listed below:

    1 The AOS interview notice letters
    2 Passport, I-94s
    3 EADs (latest and expired)
    4 The fingerprint interview notice letters
    5 Letter from old-employer-name
    6 new-employer-name Employee varification letter
    7 new-employer-name pay-stubs for current and past year
    8 new-employer-name Consultant varification letter
    9 Marriage Certificate
    10 Birth Certificates
    11 Couple of Marriage Photographs
    12 Degree certificates/transcripts
    13 The receipts of last fingerprint
    14 Copy of I-485 transfer notice to local office (least Important)
    15 Copy of I-485 receipt notice
    16 Copy of documents when we applied for I-485 ( if available)
    17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
    18 Copy of I-140 approval notice ( if available)
    19 Copy of Labor Approval ( if available)
    20 W2 and Tax Returns
    21 Employee/W2 wages List
    22 Latest bank statements and utility bills

    To the best of my knowledge these are the documents I may miss one or two.

    Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.

    Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).

    PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.

    If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.




    desi3933
    02-18 06:21 PM
    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.

    wandmaker -

    Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.

    Child will, of course, need passport. But no visa.

    This is one of the few exceptions when person does not need visa to travel.

    Hope it helps.

    _________________
    Not a legal advise.



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