Friday, June 17, 2011

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  • knowDOL
    04-24 11:05 AM
    Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.




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  • smisachu
    01-02 02:09 AM
    See my answers below. Best of Luck!!


    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
    Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
    Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]




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  • vicks_don
    04-18 03:16 PM
    All cases filed before april 1st would they be transfered to TSC or processed at VSC.

    Mine was filed last october.

    Thanks




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  • paskal
    12-21 11:12 AM
    hope to have the calls set up soon
    details will be posted here
    will try to pm all responders too
    plesae do check this thread in the coming days
    please also continue to post here if you are interested in joining in

    Thanks!



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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.




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  • b2visahelp
    07-09 03:34 PM
    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!



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  • olddutch
    10-27 02:57 PM
    Sent H1B extension papers on Oct. 16th under Premium Processing to VSC.

    Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.

    On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.

    Hope this information helps.

    Good Luck to everyone!




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  • gapala
    02-24 12:24 PM
    its depends ...

    1) my and wife air ticket to india for visa stamping.
    2) All visa fees
    3) all hotel exp.
    4) All attorney and USCIS fees .
    but check with your CPA .

    Jeezz.. travel to India? Is this personal or business travel? If business didn't you get paid for international travel?
    I guess everything related to conducting your business can be itemized as tax deductable.



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  • rsayed
    04-27 06:52 PM
    Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.

    A new Senate Bill has been introduced.

    U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.

    So, on the Illegal side we have:

    Senate Bill: Hagel with The Immigrant Accountability Act of 2007
    House Bill: Flake with the STRIVE

    On the Legal and High-Tech side we have:

    Senate Bill: Cornyn with SKIL Bill
    House Bill: Shadegg with SKIL Bill

    Senate Discussion: Last two weeks of May 2007.

    Let the engines start.

    ...ANOTHER Bill?????? I guess this HAS to be the year with the MOST number of Bills being introduced in House/Senate - Now, it's getting confusing. Which one do we root for? Which one do we ignore???

    Jab upar wala detha hai, tho chappar phaar ke detha hai!
    (Loose translation in English - When it rains, it pours!!!)




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  • paskal
    04-09 08:38 PM
    once you use EAD- for fellowship
    you cannot be on an H1 from moonlighting.

    if your wife is with a reputable firm, i would imagine the risk is low with an approved 140

    i would ask a good attorney though.



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  • lazycis
    04-05 02:24 PM
    I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.

    Can someone please answer my questions? :confused:

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?

    2) Should I let USCIS know that I am changing my employment?

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:

    Thanks in advance for you replies.

    1. Yes.
    2. No.
    3. Does not matter
    4. Does not matter unless you are a supervisor over a lot of people
    5. Make more, of course!




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  • inskrish
    08-31 01:39 AM
    So.. if anyone has the info on how to register a new country, I'd like to know.



    Registering a new country? I hope you are not kidding, needhelp!:)

    Regards,
    IK



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  • Pineapple
    10-10 12:02 PM
    Anyone?




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  • HV000
    08-10 12:44 AM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.

    Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.



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  • mchundi
    07-09 12:44 PM
    Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....

    Anybody in same boaT?
    Me too. Upgraded to Premium on 20th june. No updates yet.




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  • Vet04
    12-08 11:53 AM
    I have been in USA Since 2003.
    I started the GC process in 2004, started the process again, recaptured old PD. Was hoping to get GC this year when my PD was current for 2 months. Hope will get it this year.

    After moving I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.



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  • lrindy
    09-27 08:33 AM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.

    -------------------------------------------------------------
    EB1 ROW
    PD: 08/2006
    140: approved in 06/2007 (NSC)
    485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    FP notice recieved on 09/24/07
    FP appointment (self and spouse): 10/16/07

    Don't worry about it. When you go to FP appointment point this out to IO. You are correct "usually" 099 for primary & 088 for dependents. The "A" number is assigned at I-140 approval; that is "usually" the number you have on your receipts & GC when issued.("A" number is Alien Registration number and NOT the actual visa. The "A" number will be assigned to a visa once you get approved for GC.) There have been a few people on various threads have this happen to them. Just let the IO at FP know and they will help you OR speak to your lawyer about it. Note: Some applicants actually end up with a different "A" number on GC approval all together. So don't sweat it!

    Cheers,

    LRIndy. I am not a lawyer always consult one before making a decision.




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  • immi2006
    08-08 01:35 PM
    I think it is /qtr basis, not based on salary, for instance if gates makes 1 Million a year, does not mean his SS contri is all done :-)

    Irrespective of how much you make, the yearly deduction is always 4 K per anum,

    It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.

    For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.




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  • adiboss007
    06-07 10:52 PM
    http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx




    Norristown
    04-13 02:12 PM
    I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
    Every time you go for H1 revalidation, you will be asked were you out of status any time.
    Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.




    Abhinaym
    08-13 02:49 PM
    who is vld rao?

    It's actually VDLRao, as far as I know...



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