Monday, June 13, 2011

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  • HOPE_GC_SOON
    07-15 11:49 AM
    The only way to go for Premium processing of 140, is to extend H1 beyond 6 yrs..as of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.

    This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.

    Thanks




    My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.

    We are done with finger prints few months ago. No updates on I-140 or I-485s after that.

    Is it useful if we take Info pass appintment in this case and enquire about our case status?

    Why not USCIS offer I-140 premium processing for older priority dates?

    Can I-485 be pre-adjudicated even if I-140 is pending?.

    Appreciate any information. Thanks.





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  • sent4dc
    06-19 03:24 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?





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  • i99
    08-30 06:25 PM
    Sayanora,

    Thanks, I will let know if I get anything better.

    :)





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  • cooler
    07-07 03:23 PM
    Continuation..
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..



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  • Dhundhun
    03-30 12:42 AM
    Read AVR rules.

    http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.





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  • corleone
    11-06 10:17 AM
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..

    thanks,
    srikanth

    http://www..com/discuss/485eb/50526069/



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  • jthomas
    01-14 12:51 PM
    i had been to SBA and the free seminars for entrepreneurs conducted by them. They hold one-one meetings and try to know what you exactly want to do and tell you how to proceed. It is an goverment organization with volunteers who are reteired high ranking officers from different field. They gave me brochures and booklets and told me to write a business plan. Anyway, you can google SBA and find the nearest local office and ask them for a appointment.





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  • pd052009
    01-03 10:41 AM
    As this bill hurts big corporations, the govt may try something like this. But I sincerely doubt "Indian" Govt will seriously do something for this.



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  • tikka
    06-25 12:41 PM
    http://immigrationvoice.org/forum/showthread.php?t=5470

    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks





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  • chakalov
    07-31 04:23 PM
    Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.

    Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!



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  • amitkhare77
    09-02 10:56 AM
    as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
    OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
    Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
    If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
    you might want to double check this info from valid source :)

    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.





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  • H1B2GC
    09-30 09:20 PM
    You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.

    If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.

    This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.



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  • billbuff123
    10-24 03:46 PM
    Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
    Thanks,





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  • Kitiara
    10-17 05:10 AM
    I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)



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  • dpp
    06-20 06:17 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.

    I think you are ok. Nobody got I-485 approval in 4 months. So, don't worry. You can apply anytime before your 485 gets approved.





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  • tonyHK12
    11-08 09:24 AM
    CIR was a thorn to many -- mostly because of the amnesty... or whatever for the ILLEGALS...


    Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).

    This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
    They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.



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  • cheg
    09-26 02:39 PM
    Congratulations!!! Yes, GC still sucks so good luck to us all! :D





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  • wandmaker
    10-20 04:36 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

    What did your lawyer say?

    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks

    it is up to you decide, which side of the double edged sword you want to hold onto.





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  • roseball
    04-29 03:13 PM
    No, you cannot show that period as experience. Moreover, by doing so you will be saying that you have been working during that period which would be illegal while on H4.





    javadeveloper
    08-31 09:55 AM
    I am working for a very good Indian company and I worked for 3 very bad Indian companies.I feel the real difference between Good and Bad companies.With good company you never have to worry about your salary and legal things.With bad company you always have to worry about those things.





    EB-VoiceImmigration
    07-31 06:34 PM
    Great news :eek: This is what we are looking for...
    I dont know how to thank USCIS for this.



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