Friday, June 24, 2011

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  • rajivkumarverma
    10-16 07:13 PM
    Again always track ur al aplications and DONT depend on lawyer .

    Yes you are right From next time I will do that





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  • 485Mbe4001
    10-08 12:54 PM
    SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.

    PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.

    There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?





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  • ujjwal_p
    06-02 06:12 PM
    My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

    I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.





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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.



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  • fatjoe
    03-17 11:33 AM
    My husband recieved a transfer notice for his I-485 from TSC saying that the
    "Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
    I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
    I will greatly appreciate any help with this.
    Thanks.





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  • jyothu
    07-18 04:19 AM
    The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
    Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
    In any case, I would strongly urge you to consult an attorney immediately.



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  • ishakapoor
    02-16 01:56 PM
    I don't understand ur reply. I haven't asked question of maintaining legal status. I am maintaining legal status. My question is very simple.
    What documents are required for COS from H1 to H4?
    Where is this question of maintaining legal status coming from?





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  • gcformeornot
    10-13 07:28 AM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.

    you luck.



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  • uimv
    03-13 02:25 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.





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  • kirupa
    07-27 02:59 PM
    Ah - glad you found the answer. I was thinking that because ShowDialog is a modal dialog, it may be blocking any operations that are going on in the background. I failed to realize that OpenFileDialog does not have a non-modal Show method which displays the dialog without forcing it to have all of the app's attention.

    :)



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  • acecupid
    07-23 09:24 AM
    Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:

    Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.

    Are you, or any other person included on the application, an applicant for an immigrant visa?
    Has an immigrant petition ever been filed for you or for any other person included in this application?
    Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?


    I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.



    Here's my status:
    -Working in US since 2004 on a H1B so this is my 7th year extension.
    -This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
    -I-140 was filed in March 2007 and approved in October the same year.
    -I-485 for family and I was filed in July/August wave in 2007.
    -LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?

    I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.

    The questions which you posted at very straight forward. What is your confusion ? Has anyone applied a petition for your family with an immigrant intent ?





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  • amitjoey
    03-26 11:56 AM
    I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.

    Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36


    Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great

    I'll post to the yahoo group shortly.
    Here're the details on NC_Immigration_Voice:
    Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
    Group email address: NC_Immigration_Voice@yahoogroups.com

    It is our time to seize the reigns and kick start some momentum

    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.



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  • sk.aggarwal
    02-16 08:29 AM
    Thank you very much for your reply.





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  • spicy_guy
    03-28 11:45 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.



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  • shantanup
    03-23 04:25 PM
    Here is someone. Following is quoted from some other thread.

    I studied in RIT for MS. Luckily I got a job in this economy,But My friend got an offer letter from one of the TARP company and they refuse to give the job at the last moment. He did MBA .He left last week to India. This is ridiculous !





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  • a_yaja
    07-24 01:47 PM
    I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
    I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
    There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".



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  • rhlsur
    08-18 11:41 PM
    ****** FURTHER UPDATE ON THIS - VERY BIZARRE ******

    With regards to my original post below my lawyer got back to me today with something bizarre -
    She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?

    Thanks.


    ***** ORIGINAL POST ******
    Hi,

    My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

    While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

    1. Have any of you been in this situation and had your case reopened and if so, how?

    2. Can I change my attorney in this situation and have him/her try to get the case reopened?

    Any advice would be much appreciated.

    Thanks.





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  • haeveingridseyn
    09-09 07:56 AM
    Hi Everyone..

    Thanks for providing this information . I am also searching this type of topic.
    Its really helpful to forum members and solve many problem.
    Keep it up.





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  • mambarg
    07-26 02:52 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.





    msgoud
    03-09 11:30 AM
    new developement is that HYD consulate called him for rare second interview,atleast that the email says
    any idea what to expect,it seems that they want stamp visa cancelled
    should we expect any different





    REQUIRE_GC
    08-03 11:14 PM
    I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.

    As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.

    I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.

    Hope this answers your question



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