Saturday, June 18, 2011

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  • vinay@ocean
    06-10 12:30 AM
    I am very thankful for such a generous response in such a short span of time.


    I have everything back with me except I-94 and VISA ( which can be had in india).






    I owe this forum a lot.....:) and i will have to repay it ...





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  • smiling08
    09-16 10:32 AM
    i only know the Premium Processing is taking 1000 and CIS will need to response within 15 days





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  • solaris27
    10-15 01:57 PM
    i had LUD same day and one day after .





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  • vxg
    09-10 03:46 PM
    I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...

    On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.



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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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  • glus
    01-03 10:15 AM
    You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.

    As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.

    However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.

    Hello,

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.



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  • pidurika
    03-10 01:44 PM
    We had the same thing (Case transferred to NBC) and we now have an interview notice in April. We do not know what it is about, until we go for the interview. I have another thread I created recently called "485 Interview" that you can visit in this forum.

    Good news, as you already put it, is they did not lose our files :-)

    AP





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  • YesGC_NoGC
    04-14 10:44 PM
    CAn some one create survey for this?



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  • 485Mbe4001
    06-29 03:57 PM
    i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.





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  • whattodo
    12-26 08:20 PM
    Well said, Kumar1. It seems like you have done PhD on immigration matters. :)

    H1/H4/L1/L2... - Non-Permanent Resident Alien
    F1/F2 - Non-Permanent Non-resident Alien.
    Green Card - Permanent Resident Alien.
    Citizen - Naturalized citizen

    Resident and Non-resident make a difference in taxation.

    Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

    Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

    Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

    Let me know if I am wrong anywhere. Thanks



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  • venetian
    07-06 12:16 PM
    Thanks to wandmaker & acecupid for the response.





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  • dummgelauft
    05-15 09:45 AM
    Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
    Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...



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  • canmt
    11-27 03:29 PM
    H1B transfer.





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  • ajaypr
    04-13 11:25 AM
    You can open up an IRA account with any of the brokerage firms like Scottrade, Fidelity or Ameritrade. You usually open up an IRA account first on their website or by visiting their offices in your area. Then contact your company's 401K provider to transfer your 401K amount to the new account directly. They usually would sent you a check in the name of your brokerage firm like Fidelity.As far as I know the check cannot be in your name coz then the IRA would tax the 401k amount and also charge an early withdrawal penalty.So make sure they transfer it directly to the brokerage firm. If things are not clear, you can always contact the customer service of your brokerage firm to help you or walk you through.But I also found that many times the customer service people are not up to the mark and may even provide you with wrong advice. So its better you call several times and speak with different customer service people at the brokerage firm and verify all the information.

    I personally did not like the fact that your company is forcing you to sell your stocks and mutual fund in your 401K account. This is bad as you may occur losses because of the bad market scenario.







    Thanks gcisadawg.
    I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
    I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
    Thanks,



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  • dupedinjuly
    07-10 02:48 PM
    http://www.deseretnews.com/dn/view/0,1249,680197801,00.html

    Workers feeling cheated by green-card reversal
    By Deborah Bulkeley
    Deseret Morning News
    A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
    But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
    Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
    For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
    Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
    CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
    "There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
    The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
    "Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
    But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
    "Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
    Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
    AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
    "We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
    Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
    Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
    "It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."


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

    Contributing: The Associated Press

    E-mail: dbulkeley@desnews.com





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  • ashshef
    09-11 06:40 PM
    There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?

    I could be off by a few hundred, but I believe the per country quota caps EB2-I to about 2600. Keeping in mind that the least number of cases was likely in the period of Apr-Aug, due to the new process and uncertainity around Perm, that would still mean a lot of cases in the first quarter and last quarter of 2005. That would still mean slow progress through the first quarter of 2005 before we see significant movement.
    I wouldn't be surprised if there is no movement or negative movement in the next couple of months, before they hit the next quarter. I don't anticipate them getting too far before they are ready for the spillover at the end of FY2010.
    I know of atleast 3 big companies which were not filing Perm till atleast Sep 2005. But they had a lot of filings in the last 2 weeks of March.



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  • chanduv23
    10-01 03:23 PM
    ^^^^^^^^^^^^^





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  • roseball
    03-31 02:38 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:

    Sorry to know about your situation. Nothing you can do at this point other than waiting to get the final report and know what the issue was in Idaho. You can ask them to give you a copy of the report.





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  • herns
    03-07 08:38 PM
    I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
    [/I]

    THanks for your reply.

    I fall under 3rd employment based category that got stuck May 01, 2005.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

    I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.





    mahujam
    07-29 03:13 PM
    how did you find out ?





    sledge_hammer
    06-23 07:11 PM
    Look at your I-140 approval notice, aka I-797. At the bottom is the address (including the PO box) that processed your I-140, and that's where you have to file your I-485.

    I got the above information from USCIS automated system.

    Thank you for the information,

    according to this link:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD

    There are many mailing addresses for TSC


    USCIS TSC
    P.O. Box 851983
    Mesquite, TX 75185-1983

    USCIS TSC
    P.O. Box 850965
    Mesquite, TX 751185-0965

    USCIS TSC
    PO Box 850919
    Mesquite, TX 75185-0919

    USCIS TSC
    PO Box 851182
    Mesquite, TX 75185-1182

    USCIS TSC
    PO Box 852685
    Mesquite, TX 75185-2685

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 852135
    Mesquite, TX 75185-2135

    USCIS TSC
    PO Box 279030
    Dallas, TX 75227-9030

    USCIS TSC
    PO Box 851804
    Mesquite, TX 75185-1804


    Any idea for filing 485?

    thank you and have a nice weekend.



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