Monday, June 13, 2011

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  • uppaji
    06-15 12:30 PM
    Writing to news papers will definitely makes some impact. I am writing my letter just now.
    Uppaji.




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  • GC_1000Watt
    12-21 05:16 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK

    My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
    Good Luck with your VISA interview. Wear formals and be confident.:)




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  • gene77
    11-06 01:33 PM
    This topic has been discussed a zillion times in this forum. Please search all the threads.

    Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.




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  • BharatPremi
    12-05 04:17 PM
    he's moving exactly where we need him :-)
    good desicion!.!

    Yes, indeed...I hope I may be able to work out results (Ofcourse desired ones!!!) what we want...:)



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  • nixstor
    06-14 11:57 AM
    I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.

    House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$

    How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(

    No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.


    Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?


    did you guys specified non resident alien in your mortgage application and did it have any affect on rates?

    I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point


    Thanks in advance,
    USDream2Dust




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  • voicerj
    05-12 01:43 PM
    Where do we need to send the questions for the free conference call today ?



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  • MCQ
    08-07 05:20 PM
    Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
    A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
    I eventually got my GC from these same guys and this month will file N-400 for citizenship.

    McQ




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  • superdude
    07-18 12:13 AM
    Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.

    All,

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.



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  • synergy
    12-11 01:15 PM
    I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.




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  • shree09
    08-07 02:55 PM
    Hi,
    I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?

    Here is the situation:
    ------------------
    1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
    2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???

    I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?

    I need to land in Canada before May 2008.

    Your help will be greatly appreciated
    Thanks



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  • neeidd
    10-15 11:44 PM
    I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
    Thanks for your response




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  • greencardfever
    09-09 11:16 PM
    Hi,

    I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

    I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

    If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

    If it�s the former:
    1) Will my old priority date get transferred too?
    2) Does it matter if the Company Y is not located in the same state as compared to Company X?
    3) Does it matter if my job description and/or designation at Company Y is/are different?
    4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
    5) Does Company Y have to communicate with Company X to get any green card related paperwork?
    6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
    7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

    Any response will be greatly appreciated.

    Thank you.



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  • Flower - Large Red Rose #2


  • BumbleBee
    07-18 02:10 PM
    Hi SertTurk,
    Its not clear from your post as to which state your/spouse's application is in. There are three phases
    #1 Labor certification ( state and Federal )
    #2 I-140
    #3 I485 ( adjustment of status )

    In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.

    Please talk to an attorney before making any decision.

    BumbleBee




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  • wandmaker
    11-12 10:59 AM
    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(



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  • waitnwatch
    07-18 12:00 PM
    The amount is not the main issue. Awarding of fees by the court means that the court believes that the USCIS had no real legal leg to stand on for delaying the case for 4 years.

    What it ultimately goes to show is that such unreasonable delay by the USCIS is plain bureacratic inefficiency and actually makes the bar lower for any future WOM cases.

    Also it sets a precedence and anybody who has previously got a favorable WOM decision can go to court to recoup legal fees.

    Wondering if this will open a floodgate - I guess the enhanced fees the USCIS is now charging will go towards paying these bills!

    All in all this is a severe reprimand of USCIS practices - Hope they wake up!




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  • vivache
    11-02 04:27 PM
    Thanks for all the responses.
    I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.



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  • obelix
    12-22 03:44 PM
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks




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  • Wish_Good
    05-02 01:53 AM
    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.
    Wish_Good




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  • kartikiran
    06-17 05:53 PM
    paulkurni,

    Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.

    For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.

    Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.

    I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.




    Bhadwaj
    07-15 07:48 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    OR
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.




    anjs
    11-15 02:00 PM
    Any one in Knoxville.



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