Thursday, June 9, 2011

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  • jonty_11
    07-16 07:09 PM
    It would help if you guys provide ur PDs to get an idea what PD folks are getting CP interview calls?





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  • ivy55
    07-17 09:26 PM
    How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?





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  • Administrator2
    03-14 12:27 PM
    I just emailed mine to info@immigrationvoice.org.

    Thanks!





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  • lalithkx
    06-06 05:52 PM
    Job should be same or similar responsibilities and salary



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  • vin13
    01-15 06:34 PM
    Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).

    Your next H1-B will be considered a new H1-B and not a transfer.

    You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.





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  • jayleno
    08-08 10:08 PM
    Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.



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  • gc_mania_03
    01-27 03:39 PM
    http://immigrationvoice.org/forum/showthread.php?t=23346
    http://immigrationvoice.org/forum/showthread.php?t=23347


    Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.

    Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.

    I think you may be venting your anger on some spam bot. If you didnt notice the name of the blogger is LayoffBlog which is also the name of a website with this information.





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  • perm
    04-05 03:29 PM
    paragpujara,
    I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.


    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.



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  • GC Struggle
    04-16 02:46 PM
    Ask your attorney to file an MTR. (ensure it done within 30 days of denial). When you file an MTR it sent back to the service center that had actually denied the petetion (in your case NSC) asking the IO to revisit his decsion (with any additional information that your attorney would add). If the IO is unable to make a decision, then he will refer your case to Administrative Appeals Unit.





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  • aviko21
    10-05 07:59 PM
    our paroles were updated on the website as being mailed on sept26, we still haven't received them but we did receive ead cards which were approved on sept 28. No sign or notice of AP or FP yet



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  • sash
    06-20 04:03 PM
    OMG are you guys saying dont travel even in emergency situations?!!





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  • smidreb
    07-30 01:13 PM
    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution



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  • Lasantha
    03-16 02:40 PM
    My I-485 receipt notice does not have a PD on it either. Is that normal?

    Hi Friends,

    I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.

    I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.

    Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.

    Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.

    My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.

    Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.

    Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.

    Also is it common to have the PD box blank in the 485 receipt notice?

    Thanks in Advance!!!!!





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  • bajrangbali
    03-31 11:27 AM
    Congratulations..your long wait is over..:)



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  • Better_Days
    11-03 06:20 PM
    I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.

    But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)


    NOPE.

    Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

    Now nothing will get done, and they will have no reasons.

    Welcome to world of politics my friend :)





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  • morchu
    05-20 11:09 PM
    The suggested method is to file a new I140 after the EB2 LC approval, along with the older I140 approval notice and a request letter quoting the related law and claiming the older priority date.

    Never heard of amending an already approved I140 to a new LC.


    Hi,
    My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

    As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
    Is it possible to have EB2 category and old priority date without refiling new I-140 ?

    Thanks.



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  • kaisersose
    11-30 03:40 PM
    They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.

    So for this approval to be valid, some IO should have

    1. Picked up a July application for processing

    2. Ignored the PD requirement

    3. Approved the derivative without bothering to first approve the primary.

    Three mistakes together is impossible. It is just a data entry error.





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  • rskanth
    08-08 06:19 PM
    And you know this how?:confused:





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  • satishku_2000
    08-23 10:01 PM
    Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



    Memo accoring to murthy.com

    http://www.murthy.com/news/n_restim.html

    USCIS Clarification on Response Time for RFEs/NOIDs
    Posted Jun 22, 2007
    �MurthyDotCom
    The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
    �MurthyDotCom
    The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
    �MurthyDotCom
    TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
    �MurthyDotCom
    Missing or Incomplete Initial Evidence
    �MurthyDotCom
    According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
    �MurthyDotCom
    The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
    �MurthyDotCom
    I-539 Requests to Extend / Change Nonimmigrant Status
    �MurthyDotCom
    The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
    �MurthyDotCom
    OTHER TYPES OF RFE RESPONSES
    �MurthyDotCom
    Evidence Available within the U.S. : 42 Days
    �MurthyDotCom
    If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
    �MurthyDotCom
    Evidence to be Obtained from Abroad
    �MurthyDotCom
    If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
    �MurthyDotCom
    CONCLUSION
    �MurthyDotCom
    It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!





    kandhu
    08-14 05:34 PM
    Congrats Wandmaker!

    Hope you will continue to Visit IV and help the community with your vast immigration knowledge.





    H1B-GC
    06-25 09:54 AM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    Below are the links that might be of interest. a discussion is going on i other immigration forum.

    FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)

    US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)

    Thanks for your thoughts on this!!



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