Saturday, June 11, 2011

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  • guru76
    12-01 02:34 PM
    Hi Guru,

    So did you have any other US visa in your passport, or were you carrying just AP document?

    Yeah I did have an expired H1 stamp in my passport. I also had an approved I797 (till 2010), but I did not show that.





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  • apahilaj
    03-25 01:59 PM
    Is this true?

    http://www..com/discussion-forums/i485-1/86900247/





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  • GCard_Dream
    07-10 02:37 PM
    Appu:

    What do you mean by "Both TB Test"? Did you mean skin test and X-ray? If so, is X-ray mandatory? I thought X-ray was optional depending on what the test result of the skin test. In other words, you don't have to have a X-ray if the skin test was negative. Would you please clarify.

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).





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  • imm_pro
    06-10 06:27 PM
    good ..should be a relief to lot of folks..


    06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension

    AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.



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  • felix31
    01-16 10:43 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut

    I dont get it...
    What is the significance of birth certificate?

    I only had to send in notarized passport copy to get ITIN. For foreign nationals, passport is more than enough.





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  • cjain
    08-10 03:45 PM
    from AILA

    http://www.aila.org/content/fileviewer.aspx?docid=23079&linkid=164409



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  • singhsa3
    06-01 05:58 PM
    It is illegal. If being paid less than on your H1 LCA





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  • desi3933
    05-19 03:30 PM
    .... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
    .....
    .....
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
    .....

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin



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  • gopalkrishan
    08-03 03:22 PM
    Hmmmm .. I have been thinking of losing a bit weight now, after everybody started pointing it out to me.. The rationale behind it being that since I am going �over the hill� I should start looking after myself..

    I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..

    Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...

    Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??

    Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..

    Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..

    Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d

    Gopal Krishan





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  • anirudh74
    03-18 12:09 PM
    Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.



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  • pappu
    07-09 09:07 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!

    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.





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  • Aah_GC
    07-13 12:32 PM
    Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.



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  • pansworld
    07-07 04:26 PM
    But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents





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  • ImmigrationAnswerMan
    06-30 12:09 PM
    Apollon:

    As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.

    Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.

    You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.



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  • eastindia
    02-01 01:15 PM
    Donate to the Haiti earthquake fund. They need your help.





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  • Blondygirl
    02-21 03:13 PM
    thank you everybody for your input! you have certainly helped me narrow down my searching!!!



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  • eilsoe
    10-03 01:15 PM
    :::snicker:::

    SPAM*INFINTY+1!!!!!


    ::::runs like h*ll::::


    :::::evil laughter scares peasants:::::





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  • centaur
    03-27 05:50 PM
    Yes. Thats true. My cousin is in the law school here and he says that the laziest or weakest in the class go for immigration law (usually, there are exceptions) as it's "easy" most of the time you are just filing forms and immigrant like us pay on time, are polite and dont cause them "stress".

    A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.


    Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
    Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.

    Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.

    No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...





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  • need4gc
    08-15 01:50 PM
    Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
    It was signed by R William at 9:30 AM on 07/03/2007.





    cmhasan
    07-07 02:44 PM
    Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:

    Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.

    What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?





    zoozee
    07-30 02:16 PM
    Well said by andy garcia "Lawyer's Mercy", this journey to GC is filled with all kinda mercy from....



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