Sunday, June 26, 2011

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  • chanduv23
    12-16 10:59 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.

    Lets make a list of DMVs not accepting pending 485 as valid form.




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  • yabadaba
    04-23 09:03 AM
    u have to wait till ur 140 is approved...it will tell u which category uscis processed it under.




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  • geesee
    04-13 12:18 PM
    I recently closed my Simple IRA (small version of 401K) account and requested the checks (they give seperate check for each fund) for myself. Generally there is a 60 days window to move those funds to a new IRA account in order to avoid 10% penalty and taxes. I have setup an IRA account with TDAmeritrade and planning to manage the funds on my own.




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  • pappu
    12-18 09:07 AM
    Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
    they all cleared we may get a better picture of the Plight of EB3 & EB2.

    My guess is that anybody who has a PD (India)

    Jan 2003-Dec2003 9 years
    Jan04-Dec04 12 years
    Jan 05 > 15 years
    as per present law.


    This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

    One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
    Good luck to all
    babu

    well said.
    We have better chance of success if we are a stronger organization. Efforts by members need to happen everyday and not only on the day when senate/congress is in session and discussing a bill. We can achieve success if every member is actively involved in the action items.



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  • vadicherla
    11-05 09:11 AM
    I just voted




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  • Pixar#39;s next planned project


  • gene77
    08-15 08:28 PM
    Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?

    I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.

    //NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
     Name of 485 applicant
     Name of I-140 petitioner (employer)
     I-485 Receipt Number
     "A" Number of the 485 applicant
     Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
     New I-140 to be inter-filed
     Statement requesting new I-140 be inter-filed with the pending I-485 application
    //



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  • shirish
    11-12 08:49 PM
    I applied without medicals for myself, my wife and my son. I got everything except AP. Did the FP one week back.


    I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.

    I hope this can help.




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  • kaisersose
    07-27 02:37 PM
    Hi All,
    Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.

    Thanks.

    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.



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  • Steve555
    01-31 08:38 PM
    Hi,

    Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


    Many Thanks,
    Steve




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  • mnq1979
    05-21 03:02 PM
    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?

    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?



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  • jcrajput
    09-29 07:00 PM
    I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
    Today I received my entire application back with "REJECTED" status.
    On Reject notice it has mentioned as below:

    ------
    The application you filed along with any fee you submitted is being returned to you for the following reason(s):

    x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

    The following document may be provided.

    Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
    Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
    A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
    Other evidence than an immigration visa petition has been filed/approved on your behalf.

    ---------------------------------

    Here below is my I-140 detail:

    Category : EB2
    Receipt date: 12/11/2006
    PD : 10/04/2006
    Approved from: NSC

    -----------------------------
    My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

    It looks like they have overlook the I-140 copy and neglect that.
    Can anybody give me some idea about following:

    1. How I can re-submit my application?
    2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

    I really appericiate your response and help. Thanks a lot.




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  • santb1975
    12-08 01:21 PM
    To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv



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  • nanneh
    04-27 06:51 PM
    I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
    Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
    This is my expereince but i would suggest please consult an attorney.

    Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".




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  • maddipati1
    08-20 03:58 PM
    i traveled to India and went for stamping when my PP was expiring within couple of months and got VISA stamped successfully and traveled back safely.

    the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.

    but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.

    in your case i guess its just travel and no stamping involved and so u r in much better shape.

    but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.

    EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
    coz, i found out couple of things after wards :-)

    in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.

    but, in India u can get new PP very fast under Tatkal scheme. do this,

    be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.


    finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.



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  • Brave | Pixar Talk


  • EndlessWait
    09-08 12:02 PM
    so why complain.. ofcourse just kidding! , no pun intended




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  • ca_gc
    05-14 05:23 PM
    Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.



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  • BharatPremi
    12-05 12:22 PM
    Me too! Citizen of India.

    :)




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  • lacrossegc
    06-25 01:19 PM
    IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.




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  • jasmin45
    08-08 04:57 PM
    Yeah!! It was posted on USCIS site also!!

    See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!

    You can see that on Homepage! As you say this is duplicate. Please request admin to delete this thread?




    smuggymba
    10-08 04:54 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Yeah question is what defines employment with them?




    raysaikat
    05-30 01:22 PM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P

    The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.

    Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.



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