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  • rockstart
    03-22 09:15 AM
    Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.





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  • bluekayal
    08-20 05:41 PM
    I spoke to a TSC Immigration Information Officer (not customer service). he says they have about 9000 service requests they are looking at. Generally they are not supposed to give status info, but this person does. He is a people-friendly officer.





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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.





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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.



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  • morchu
    05-22 01:15 AM
    You can gain passive income.
    You cannot materially participate in the operations of the firm (employee).
    A member not necessarily be materially participating in the operations of the firm.
    Income from profit on an investment is passive.





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  • Queen Josephine
    April 3rd, 2005, 06:54 PM
    Nice Facelift Gary! dphoto should start it's own Extreme Makeover!

    Cox, I like Gary's fix.... the photo has a lot of dramatic punch to it. Also, I saw somewhere else where you were overrun by tourists at Yosemite (quite a problem any time of year apparently). Try King's Canyon next time if you haven't already been there. Fewer tourists by far.



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  • jfredr
    07-27 09:00 AM
    can someone please throw some light if any idea





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  • sundar99
    05-03 11:34 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.



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  • lazycis
    12-21 05:20 PM
    The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
    Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

    I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?

    Nothing is confusing here.
    140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
    Are we not high-skilled? :)





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  • grupak
    08-15 07:40 PM
    Thank you all for the good wishes!

    Good to see you Jazz.

    Congratulation,


    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this


    My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.

    But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.



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  • miguy
    06-25 10:22 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify





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  • gc_mania_03
    10-01 11:14 AM
    Add me in..



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  • aj_jadeja
    04-06 01:32 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/04/05/AR2006040502038.html





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  • nixstor
    02-24 09:57 AM
    That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.



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  • Dhundhun
    10-23 01:22 PM
    AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.

    Usually tickets bought in India is cheaper - so there are these restrictions.

    It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.

    Rules might have changed, but this was latest information from my side.





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  • jonty_11
    03-14 03:12 PM
    You can travel back to India on an expired US VISA also.
    As long as you are travelling back to india (Country of citizenship)
    I did that last yr

    someone posted link to German Cosul in LA, which states this clearly...



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  • DSLStart
    07-28 02:54 PM
    Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
    Do you think something is cooking? ;)
    Hi Everyone,
    My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

    Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

    One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

    Appreciate peoples inputs.





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  • gc_kaavaali
    11-14 04:13 PM
    do you know my employer user name?

    Your employer gave you a red mark.





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  • jaggu bhai
    08-10 11:58 AM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    Thanks glus

    down the line we wanted to use the benefits of F1.
    thats why we r planning to change!

    tx





    aj130346
    03-15 08:29 PM
    My comany is filing a second LC under PERM for a substantially different job position and job location.

    My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India

    The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??

    Thanks for your responses





    fastergcwanted
    07-18 09:48 AM
    Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
    Mr.Oh also assumes that USCIS processing procedure and speed will not change.
    It sounds like fluff reporting that popular media does. All fluff, no value.:D

    Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.

    I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......

    I just feel there is no fair discussion on this topic because

    1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
    2) Institutions like IV and others get their funding from new filers (as they are in majority)

    Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......

    Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...

    Grossly unfair...one would say



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