Friday, June 10, 2011

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  • gbof
    10-16 09:11 PM
    A message from President Obama too.

    The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)

    Folks,
    Words have power as words which touch hearts win masses. Hearing these from Obama's mouth really give a good feeling. I know you will all agree. Watch the video....

    Happy Diwali to all




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  • bipin
    03-17 05:53 PM
    I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1 & I140 application. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. I’m in my 6th year and just started my Labor process with the new company.

    My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

    How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)




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  • gccovet
    01-14 09:50 AM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    Yup, I had the same info conveyed to me via lawyer.
    One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.

    HTH
    GCCovet.




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  • Canadian_Dream
    08-24 04:36 PM
    Name: Canadian_Dream
    City/Area:

    Question:
    What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.

    Thanks,
    Canadian_Dream



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  • ImmInd
    12-01 12:38 PM
    Yes! I have my H1-B Case Filing Receipt Notice with EAC number.

    I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!

    Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!




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  • pleaseadviseme
    09-22 06:45 PM
    Any advise would be great of help. Thank you so much guys.



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  • akhilmahajan
    06-27 10:09 AM
    SOMEONE PLEASE ADVISE!!!!

    You cna do a FOIA.
    It takes quite some time, but a lot of people have been able to get what they have been looking for.

    I hope this helps.




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  • genscn
    08-08 09:47 AM
    When did you file I-140 at TX? RFE could be for documents about ability to pay.

    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.



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  • priderock
    05-15 02:13 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.

    But you need a valid visa stamp to re-enter.
    1) What is the validity of your current visa stamp ?
    2) When you applied for visa extension , what is going to be the validity of that visa ?




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  • rajmehrotra
    10-23 10:02 AM
    The thread title "Please Read" can be improved to something pertaining to the issue in the thread.



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  • sweet23guyin
    09-25 12:04 PM
    April 2008?
    6months gone by and you are thinking of getting back/extension to h1b now?
    it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
    Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
    Just in case; see what your lawyer has to say.




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  • pcs
    07-19 03:44 PM
    As long your affidavit of language competency is notarized... you are fine



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  • waitingmygc
    10-09 05:12 PM
    CheckRaise,

    Had you got audit for your Perm?

    If not, then it should be approved by now. Currently, DOL is proccesing December 2008 non audit cases.




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  • kaisersose
    04-16 09:25 AM
    EAD/AP should be extended by you. I am surprised your employer is involved in this. You will need a copy of your 485 receipt notice.

    Even if you are working on H-1b, it is much safer to pony up the money and keep your EAD renewed and available at all times. You never know when things change.



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  • alterego
    02-20 08:12 PM
    EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.

    Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
    Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
    Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?

    This is a sign of the broken system in my view.

    Then EB2 and worse yet EB3 become stuffed!




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  • hopelessGC
    08-18 04:26 PM
    Hi All,

    Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
    I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.

    Please let me know.

    Thanks.

    This topic has been discussed a lot in this forum. It helps to do a search before starting a new thread.

    I recently changed my address via online AR-11 and no RFE so far. My change of address was within the same zip code though.

    AR-11 is mandatory so please file it.



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  • irrational
    10-09 03:13 PM
    The whole problem is where should I send my AP application to ?? :confused:




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  • wandmaker
    10-23 10:15 AM
    Thanks guys,

    But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
    Is it not needed for wife's case to be independently handled.

    You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid




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  • abhay
    01-19 09:40 PM
    Hi All

    Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
    "On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

    My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+

    "Status of this service request is:

    The TSC has not received your response as of to date.

    XM271"

    I panicked and wrote an email to my lawyer and he said that
    They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."

    I am going to contact my employer and express my concerns and see what they can do.

    My questions are
    Does the online status never get updated sometimes?
    Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
    Any suggestion for me how to proceed with this?
    How do I get the online status changed?

    Thanks for all your help.

    Regards
    Abhay




    techskill
    09-24 12:33 PM
    People might also get the Last Due Date for rfe cases.




    Devils_Advocate
    03-23 03:34 AM
    Folks,

    I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.

    My prayers are with their families

    Thats just tragic, please wear seatbelts even if you're in the backseat, it can seriously save lives.



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